USA > Iowa > Jasper County > Past and present of Jasper County, Iowa, Vol. I > Part 21
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There is no record of any court having been held in Jasper county prior to November 23. 1848. However, according to tradition and information gained from the old settlers, the first term of court was held in the spring of 1846, at the house of Matthew D. Springer, in what is now Buena Vista township, and was presided over by Judge Williams, of Muscatine.
Judge Williams was elected supreme judge in 1846 or 1847. and was succeeded on the bench by Judge William McKay. The court record indi- cates that Judge Mckay held a term of court in Newton in June, 1849, at
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which term Hon. William H. Seevers was appointed prosecuting attorney. Judge Mckay lived at Des Moines and continued to preside as judge of the district court of Jasper county until about July, 1854, when he was succeeded by Judge C. J. McFarland, who resided at Boonesboro.
Judge McFarland held the different terms of the district court of Jasper county until 1857. Judge McFarland was quite austere and abrupt in his manners, and if any person incurred his displeasure, such person was very sure to be reminded of the same in a very severe manner. At the first term of court held by Judge McFarland in Newton in 1854, the Hon. H. J. Skiff incurred the displeasure of the Judge, for the reason that Skiff opposed the election of McFarland (both being Democrats), Skiff claiming that McFar- land was not a proper person to be judge on account of his inebriacy. There- fore, McFarland sought to get revenge by ordering Skiff to sit down when he arose to address the court in reference to some case. Skiff refused to comply with the order of the Judge, and told the Judge that he had a right to talk in that court. Thereupon, the Judge fined him ten dollars for contempt. Skiff told him to "pile it on," and the Judge doubled the fine. The quarrel con- tinued until Skiff stood indebted to the school fund in the sum of one hun- dred and fifty dollars. The Judge ordered the clerk to make out a commit- ment, who suggested to his honor that he could not get it served. The com- mitment was delivered to the sheriff, but it was not served. In the evening, the attorneys all met for consultation at Skiff's residence. The next morning when court opened, the attorneys by agreement continued all their cases. whereupon the Judge ordered the sheriff to adjourn the court. The contempt cases against Skiff were appealed by him to the supreme court, and McFar- land's judgments were set aside. ( See State vs. Skiff, 2d lowa Supreme Court Report. page 550.) Judge McFarland died in Boonesboro when only about forty years of age.
Judge McFarland was succeeded as district judge by Hon. William M. Stone, of Knoxville. Judge Stone resigned in March, 1861, and enlisted in the Union army. He afterwards became colonel of the Twenty-second Regiment of Iowa Volunteer Infantry, and in the fall of 1863 was elected governor of the state of Iowa, which position he held for a term of four years. and was one of the war governors of Iowa during the Rebellion. Judge Stone was afterwards commissioner of the general land office at Washington, D. C., having been appointed by President Harrison. Afterwards he removed to the Territory of Oklahoma, where he died July 18, 1893, and his body was brought to Knoxville for burial. Upon the resignation of Judge Stone in March, 1861, William Loughridge, of Oskaloosa, was appointed district
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judge, and continued to hold court in the sixth judicial district and in Jasper county until January 1, 1867. Afterwards Judge Loughridge became a mem- ber of Congress from the sixth congressional district of lowa, serving in that capacity several terms. Judge Loughridge died several years ago, and is buried at Oskaloosa, lowa.
On January 1. 1867. Judge Loughridge was succeeded by Hon. E. S. Sampson. Judge Sampson was an ideal judge. very reserved in his man- ner, cool and deliberate, and was highly respected by all who knew him. During the Civil war he was lieutenant-colonel of the Fifth lowa Regiment of Volunteer Infantry. After his retirement from the bench, he was elected to Congress and served one term. Afterwards he engaged in the practice of law at Sigourney, Iowa, where he died October 7, 1892.
Judge Sampson was succeeded on the district bench by Hon. H. S. Winslow, of Newton, January 1. 1875. and served until January 1. 1879. Judge Winslow was a good lawyer and a competent, painstaking judge.
On January 1. 1870. he was succeeded by Hon. J. C. Cook, of Newton. now residing at Cedar Rapids. Judge Cook continued to occupy the dis- trict bench until January 1, 1883. at which time Judge J. K. Johnson of Oskaloosa, was elected district judge, and held the different terms of district court in Newton, until January 1. 1887.
Under the law enacted in 1868, from 1868 to 1887, in addition to the district court, there was what was denominated the circuit court, having jurisdiction of all civil cases and probate matters. When the circuit court was instituted in 1868. Hon. H. S. Winslow, of Newton, was elected judge of the second circuit of the sixth judicial district, and entered upon his duties January 1. 1869, and held the office of circuit judge for one year, resigning to engage in the practice of law. He was succeeded by Hon. S. N. Lindley. of Newton, to that position and Judge Lindley continued to serve in that ca- pacity as circuit judge until January 1. 1873. after which Hon. L. C. Blanch- ard, of Oskaloosa, served as circuit judge until 1880, and was succeeded by Hon. W. R. Lewis, of Montezuma, who served until the circuit court was abolished, January 1. 1887, at which time it was provided by law that the sixth judicial district would be entitled to three district judges, and in the fall of 1886 Hon. David Ryan, of Newton, was elected as one of the judges of the district, together with Hon. J. K. Johnson, of Oskaloosa, and Hon. W. R. Lewis, of Montezuma. Judge Lewis served until January 1. 1891. and was succeeded by Hon. A. R. Dewey, of Washington, who served un- til January 1. 1903. Judge Johnson served until he died in 1894, and was succeeded by Hon. Ben McCoy. of Oskaloosa, who was appointed by the
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governor to fill the vacancy and serve the balance of Judge Johnson's term; he was elected in the fall of 1894 to the office of judge for the term com- mencing January 1, 1895, and served until January 1, 1899. Judge Ryan served as district judge until January 1. 1899, and was succeeded by W. G. Clements, of Newton, who served until January 1. 1911. Judge McCoy was succeeded by Hon. John T. Scott, of Brooklyn, who served two terms until January 1, 1908, and was then succeeded by Hon. K. E. Willcockson, of Sigourney, who is now one of the judges, serving his second term. On January 1, 1903, Judge Dewey was succeeded by B. W. Preston, of Oska- loosa, who is now one of the judges, and serving his third term. Judge Clements served three terms and was succeeded by Hon. John F. Talbot, of Brooklyn, who is now one of the judges of the district. Four terms of court are held during the year in Jasper county, and each of the district judges have alternately held the terms of court in the county as provided by law.
JASPER COUNTY ATTORNEYS.
From the time of the institution of the district court in Jasper county. many noted cases were tried. From 1868 to 1884 there were two terms of the district court and four terms of the circuit court held in Jasper county each year, and from 1870 to 1880 the dockets of the different courts were crowded with cases and kept the court busy each term for four weeks, but of late years, litigation has ceased at least one half as compared with the period above mentioned.
The names of some of the pioneer lawyers who took an active part in the court proceedings are as follows: II. J. Skiff, Thomas H. Miller, S. G. Smith. O. C. Howe, H. S. Winslow. S. N. Lindley. G. R. Shays, J. W. Wil- son. J. W. Sennett, D. L. Clark, David Ryan, Robert Ryan J. C. Cook, Hugh Newell, George E. Spencer, J. G. Meek. H. W. Gleason, J. W. Deweese, D. O. Stuart. R. A. Sankey, A. K. Campbell. S. J. Moyer, S. S. Patterson, Sidney Williams, William Howard, Don Carlos. Jonathan N. Edgar. of whom mention will be made.
Hon. H. J. Skiff came to Newton from New York in 1850, and actively engaged in the practice of law. Mr. Skiff was a graduate of Amherst Col- lege, and was a leading member of the bar shortly after coming to Newton. He was a member of the third constitutional convention of Iowa, which was held at Iowa City in 1857. representing the counties of Poweshiek, Marshall, Tama and Jasper. He took an active part in the convention, and was greatly instrumental in formulating the present constitution of Iowa. Afterwards
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he retired from the practice and engaged in the banking business in New- ton, until the outbreak of the Civil war, when he enlisted in Company B. Thirteenth lowa Regiment of Volunteer Infantry, and served as captain of the company from 1862 to 1864. After the war he engaged in commercial pursuits, and died in Newton in November, 1904.
Thomas H. Miller came to Newton from Cumberland county, Pennsyl- vania, in December, 1856, and immediately formed a partnership with H. S. Winslow, under the style and firm name of Miller & Winslow. This firm continued in the practice of law until July, 1861, at which time Mr. Miller enlisted in Company B of the Thirteenth Regiment of Iowa Volunteer In- fantry and was captain of the company, serving with distinction and bravery in the battle of Shiloh, and while leading his company into the battle he fell, mortally wounded, on April 6, 1862, and died of his wounds on May 13, 1862. His body was brought to Newton for burial. Mr. Miller was a good lawyer and a thorough gentleman.
Hon. S. G. Smith was born in Greene county, New York, May 22, 1831. He attended college at Oberlin, Ohio. Was admitted to the bar in March, 1857. at Columbus, Ohio. In November of that year he removed to New- ton, lowa, and commenced the practice of law. In August, 1862, he was commissioned major of the Fortieth lowa Volunteer Infantry, and held this position until 1864, when he resigned. He then returned to Newton and resumed the practice of law. Was mayor of Newton, state senator in the ninth General Assembly and the extra session of the ninth General Assem- bly, and was district attorney of the sixth judicial district for four years. Was president of the board of directors of the State Normal School. At one time he was a member of the firm of Smith & Wilson, attorneys. He continued the practice of his profession until about four years before his death, and on account of failing health retired from the practice. He died in Newton November 5, 1890.
Hon. O. C. Howe was born December 19. 1824. at Williamstown, Ver- mont. He finished his education at Aurora Academy. Studied law at Buf- falo, New York. In the fall of 1855 he came to Jasper county where he en- gaged in the practice of law for a short time. In the summer of 1856 he went to Spirit Lake, Iowa, and organized Dickerson county and located the county seat. Afterward he returned to Newton preparatory to moving his goods and chattels to Spirit Lake. On his return to Spirit Lake, he found the Indians had massacred all of the white people in and around that section. He was elected county judge of Dickinson county. In 1858 he was elected district attorney for that district. At that time the district em-
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braced nearly one-fourth of the area of the entire state. In 1862 he returned to Newton, and soon thereafter he enlisted and was made captain of Com- pany L, Ninth Iowa Cavalry, and remained with the organization until the time of his discharge, in November, 1864. after which he returned to New- ton and formed a partnership for the practice of law with A. K. Campbell, until 1875. when he was appointed resident professor in the law depart- ment of the State University at Iowa City, and remained at Iowa City until 1881, when he removed to Anthony, Kansas, going into partnership there with James McPhee, where he remained in the practice until his death, which occurred in August, 1899.
Hon. H. S. Winslow was born at Pittsford, Vermont, July 18. 1837. and came to Jasper county with his parents in 1856. He formed a partner- ship in December, 1856, with Thomas H. Miller, said firm practicing under the style and firm name of Miller & Winslow, until Mr. Miller enlisted in the Thirteenth Regiment of lowa Volunteers. In 1862 Mr. Winslow was elected district attorney of the sixth judicial district of lowa, and served in that capacity for four years. In 1868 he was elected judge of the second circuit of the sixth judicial district for a term of four years. At the end of one year he resigned this office and resumed the practice of his profession until 1874, when he was elected judge of the sixth judicial district, and con- tinued to hold that position until January 1. 1879. Afterward he resumed the practice of law and continued in the practice until his death, which oc- curred December 11, 1899. In 1894 the supreme court of the state appointed Judge Winslow one of the commissioners to revise and codify the laws of lowa. To this work he brought not only his rare and ripe experience and knowledge of the laws, but the same indefatigable energy that characterized his whole life. . Few men were more diligent, industrious or faithfully de- voted to the profession than Judge Winslow. By his death there went down one of the strongest towers of the profession, one distinguished in the state. both as an advocate at the bar and a jurist on the bench.
G. R. Shays came to Newton from the state of New York about the year 1858, and commenced the practice of law, and devoted himself actively to the practice until 1868, when he formed a partnership with Robert Ryan, under the firm name and style of Shays & Ryan. The firm continued in the practice until the death of Mr. Shays, which occurred May 18, 1870. Little is known of the previous history of Mr. Shays, but he was a tower of strength in the trial of a case. He was over six feet in height and a great athlete. The writer remembers of his delivering an address at the court house to the first company of volunteers that left Jasper county in the Civil war and his speech was an eloquent effort and inspired enthusiasm and patriotism.
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Hon. J. W. Wilson was born AAugust 8. 1837. in Lawrence county, Pennsylvania. He received his education at Mt. Union College, in the same state. Was admitted to the practice of law at Medina. Ohio. September 21. 1855. The following year he removed to Newton, Iowa. In October, 1861. he was elected county judge, which office he held until the following Aug- ust, when he resigned to enter the United States military service, which he did as a private in Company K. Twenty-eighth lowa Volunteer Infantry. In 1864 he was promoted to be adjutant of his regiment, which position he held until the close of the war. He then returned to Newton and resumed the practice of his profession. He formed a partnership with Hon. H. S. Wins- low, which partnership continued until Mr. Winslow was elected to the district bench. Mr. Wilson then formed a partnership with Hon. S. G. Smith, which continued until about 1879, then again formed a partnership with Mr. Winslow and remained a member of said firm and engaged ac- tively in the practice until a short time before his death, which occurred May 6, 1887. During his lifetime he took a great interest in Masonry. Was a Knight Templar, and was elected grand master of the grand lodge of Iowa Masons and continued to hold that exalted position for two terms. He was a true friends, and many a young member of the profession recollects him with gratitude for his kindly advice.
J. W. Sennett was one of the pioneer members of the profession, and engaged in the practice of law in Newton, commencing about the year 1854 or 1855. until November 15, 1862, when he enlisted in the military service of the United States, and was captain of Company E. Fortieth Regiment of Iowa Volunteer Infantry, serving in that capacity with distinction until August, 1864, after which he resumed the practice of law in Newton for a time, and then removed to Jasper county, Missouri, and engaged in the prac- tice of law until about the year of 1907, at which time his death occurred.
D. L. Clark came to Newton about the year 1854 or 1855 and engaged in the practice of law successfully until he entered the banking business in Newton and continued in that business until his death, which occurred Sep- tember 20, 1904. He was a successful lawyer and a man of excellent judg- ment and a good financier. For a short time he was in the practice of law he was in partnership with Robert Ryan.
Hon. David Ryan was born in Washington county, New York, March 15. 1840, and came to Jasper county with his parents in 1857. settling on a farm about two miles south of Prairie City. He was educated in the com- mon schools of New York and lowa, and at Central University at Pella. He left college in 1861 and enlisted as a private in Company E. Eighth
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Iowa Infantry. He finally became captain of his company. He participated in the Battle of Shiloh where he was captured and spent six months in Rebel prisons When the Civil war ended, he had attained the rank of colonel. Re- turning to college, he graduated in 1867, and in the fall of that year he began the practice, which he continued a part of the time alone and a part of the time in partnership. first with Judge Lindley and then with his brother, Robert Ryan, and later with W. O. McElroy. He was elected to the Legislature of the state, and was an efficient member of the eleventh General Assembly. In 1886 he was elected to the district bench, which position he filled with credit for twelve years. At the expiration of his third term on the bench, he removed to Des Moines where, with William Phillips and his two sons, J. W. Ryan and W. L. Ryan, he formed the firm of Phillips, Ryan & Ryan, and on the subsequent death of Mr. Phillips, continued as Ryan. Ryan & Ryan up to the death of Judge Ryan, which occurred June 19. 1905. He was suc- cessful at every point of his useful career and, personally, was an excellent gentleman. He had many friends wherever he was known. At the time of his death he was president of the Des Moines Bar Association, and his funeral was largely attended by many friends and members of the bar, com- ing from distant parts of the state.
Hugh Newell was one of the pioneer members of the bar of Jasper county, having emigrated to Newton in 1855, and a short time thereafter was admitted to the bar on September 12. 1855. He engaged actively in the practice of law for several years, after which he retired and engaged in other pursuits in Jasper county. where he died February 26. 1895.
Hon. J. C. Cook was born at Tiffin, Ohio. December 26, 1846, and re- ceived his education at Heidelberg College. He was admitted to the bar in 1867 and the same year came to Newton and actively engaged in the prac- tice of the law. At one time he was in partnership with R. C. Clark, who emigrated to Kansas. In 1876 he was nominated for attorney general by the Democratic party of Iowa. In 1878 he was elected district judge of the sixth judicial district of Iowa. and served a term of four years. After- wards he was elected to Congress from the sixth congressional district. Thereafter he became attorney for the Chicago & Northwestern Railway Company. with headquarters at Eagle Grove. Iowa. He is now attorney for the Chicago. Milwaukee & St. Paul Railway Company for Iowa, and is located at Cedar Rapids. Judge Cook was a successful practitioner. seldom losing a case in which he was engaged.
S. S. Patterson was born near Rochester, New York, April 17. 1835, and read law in Cincinnati, Ohio, for one year. At the first call for troops
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in 1861, he enlisted in Company F. Twelfth Ohio Infantry, as a private and after five months service returned to Ohio, resumed the study of law at Tiffin, Ohio, and in June. 1862, was admitted to the bar. Afterwards, in the early part of 1863, Mr. Patterson once more entered the army, being appointed as captain of the company. He was present at the surrender of General Lee at Appomattox. After his service in the army, which closed in the fall of 1865, he received a governmental appointment in southwestern Virginia as inspector of internal revenue. In 1868 he came to Iowa and lo- cated in Kellogg. After practicing his profession at that place for eight years, he came to Newton and engaged in active practice of the law with the exception of the time of President Cleveland's first administration, when he held a position under the general government of Indian agent in New Mexico. After occupying that position for four years, he returned to New- ton and engaged in the practice of his profession until his death, which oc- curred in February, 1899. Major Patterson was a man of high honor and integrity and commanded the respect of all who knew him.
Hon. J. W. Deweese commenced the practice of law at Prairie City in 1869 and remained at that place for ten years, during which time he was elected to represent Jasper county in the sixteenth and seventeenth General Assemblies, which he did with credit to himself and to his constituency, being elected speaker pro tem. of the House of Representatives at its seventeenth session. In 1862 Mr. Deweese answered the call of his country and en- listed in Company G. Twenty-third Regiment Iowa Volunteer Infantry, and served until the close of the war, after which he attended the Central Uni- versity at Pella, Iowa, and then law school, previous to locating in Prairie City. In 1879 Mr. Deweese removed to Lincoln, Nebraska, and became at- torney for the Chicago, Burlington & Quincy Railway in Nebraska, which position he occupied until his death, which occurred September 3. 1907. Mr. Deweese was an able lawyer.
Hon. E. C. Roach engaged in the practice of law at Prairie City, commencing about the year 1875 or 1876, and remained at that place ac- tively engaged in his profession until about 1883, at which time he removed to Rock Rapids, Lyon county, Iowa, where he is still engaged in the practice of law with success. He has represented Lyon county twice in the Legis- lature, the twenty-first and twenty-second sessions of the General Assembly of Iowa.
L. A. Williams came to Prairie City from the state of Kentucky in about the year 1874 and continued the practice of law at that place until about the year 1903. when he returned to the state of Kentucky, his old home. and a short time thereafter died.
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Sidney Williams commenced the practice of law in Prairie City about the year 1868 and remained at Prairie City until 1873 and then removed to Colfax, Iowa. In 1874 he, with John Dixon, discovered the noted min- eral waters at Colfax. About the year 1885 he removed to Colorado, where he is now engaged in mining enterprises.
Hon. B. C. Ward, a native of Vermont, came to Prairie City in 1869 and was principal of the schools at that place for a number of years. He studied law and was admitted to the bar in the fall of 1876, and formed a partnership with W. G. Clements, under the firm name of Clements & Ward, which partnership continued for the practice of law until 1893. The firm maintained offices at Prairie City and Newton, Mr. Clements having re- moved to Newton in October, 1887. The partnership was dissolved in 1893. Mr. Ward moved to Des Moines, where he has been engaged in philan- thropic interests, being president of the Young Men's Christian Association in Des Moines for a number of years. While at Prairie City, Mr. Ward rep- resented Jasper county in the Iowa Legislature, the twentieth session of the same, and served with credit to himself and to his constituency. Mr. Ward, during the Civil war, enlisted in the Second Vermont Infantry and served his country faithfully and was in many battles, including Gettysburg, the Wilderness and other hard-fought engagements. Mr. Ward still lives in Des Moines and is now senior vice-commander of the Grand Army of the Re- public of Iowa.
William Howard came to Monroe in the year 1856. Was justice of the peace at that place for a number of years. Afterwards was admitted to the bar about the year 1860, and engaged in the practice of law until his death, which occurred about 1875.
Jacob Kipp was a pioneer lawyer of Monroe, coming to that town in the year of 1854. Was elected justice of the peace for a number of years and was admitted to the bar and engaged in the general practice of law until 1899, when he retired from the practice and engaged in other pursuits. He is still living in Monroe and is over eighty-five years of age.
Sloan Koder practiced law in Monroe for a number of years with suc- cess. In 1895 he removed to Siloam Springs, Arkansas, where he resumed the law business and is still living at that place.
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