USA > Iowa > O'Brien County > Past and present of O'Brien and Osceola counties, Iowa, Vol. I > Part 27
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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
The earliest record of a lawyer in the county is the appearance of J. W. Bosler in 1860. As he was not exactly in the practice of his profession in this county and had no office, and solicited no business here, further refer- ence may well be left to him in another portion of the work, where he receives proper classification.
B. F. McCormack, who came in 1871, was the first settler of the county to practice the legal profession here. The law, however, is said to be "a jealous mistress" and Brother McCormack's varied experiences in business lines somewhat unfitted him for successful legal practice. We hear of him as an editor, hardware dealer, member of board of supervisors and engaged in other activities.
D. A. W. Perkins was born in 1840, admitted to the bar in 1865, settled in Sheldon with the coming of the railroad in 1872. He was a unique char- acter, highly talented and educated, but never gave proof of that industry and energy that put others to the front. In 1873 he was elected superintendent of the schools of the county. In 1874 he was editing a newspaper in Sheldon. For a number of years he successfully, as an adjunct to his profession and in connection with his law practice. conducted a series of lectures through vari- ous towns in northwestern Iowa and southwestern Minnesota. A man of fine literary tastes, liberal culture and pleasant social ways, he was an eloquent speaker and gave good satisfaction to his audiences. His lectures were a
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rare literary treat to the early settlers. In September. 1879, we find him editing a newspaper at Sibley, but later he abandoned that and returned to practice of law. In the nineties, returning to Sheldon from a few years' absence in South Dakota, he entered politics, and in 1895 and 1896 he held the office of county attorney, elected thereto by the people. In 1897 he bequeathed to posterity a monumental work, giving the benefit of his intimate knowledge of the history of the county to the public in a volume replete with historical sketches and records of the life of the county and its in- habitants. Never industrious in the practice of his profession, yet he tried his cases in an artful, masterful way, persuasive in his arguments to the jury. and generally successful in his suits. He never possessed the ability nor inclination to stir up business or "go after it," and was content to well try the cases that came to his office. He possessed a quaint humor and the mem- bers of the bar enjoy telling of many examples of his quick wit. In 1879 a client at Sibley wrote him and enclosed him a promissory note for collec- tion, suggesting that if he could find the debtor, he wished the attorney would "stir him up a little." To this Perkins replied :
"I can find him. I was an eye witness to his burial in our cemetery in the spring of 1874. It would be better. perhaps, not to stir him. If you insist upon it, however, I would prefer that you do it yourself.
"Yours,
"D. A. W. PERKINS."
Mr. Perkins is now county judge at Highmore. South Dakota.
Dewitt C. Hayes arrived at Primghar with the location of the new county seat in 1872. He brought into the county the first good law library. His habits were such that his business was somewhat neglected and he soon drifted away.
Warren Walker, a settler in the county in 1871, located on a homestead in Baker township, was admitted to the bar in 1874 and during that year served his first term as county supervisor, which office held until the end of 1876. He had thrice enlisted in the War of the Rebellion, and served from 1861 to 1865 inclusive in Illinois regiments. He bears a fine record for bravery in his army service, and was actively engaged in many battles, being seven times wounded. With the starting of the new town of Sanborn, Walker moved there and at one time operated offices at Sanborn, Sheldon and Primghar, having them connected with telephone, and conducting a
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general land. abstract and law business and later publishing a newspaper. In 1895 he removed to Des Moines, where he died. Walker was an inde- fatigable worker, of great personal bravery, and an intense fighter in his business and legal enterprises.
Orsmond M. Barrett, at one time the leading lawyer of Sheldon, was born in 1837, served in the Civil War as a Union soldier, and settled in the practice of his profession at Sheldon in 1875. He was at various times associated with Charley Allen, Alfred Morton, C. H. Bullis and S. A. Call- vert. his name always heading the firm. He was a representative in the nineteenth General Assembly, and senator in the twentieth, twenty-first, twenty-second and twenty-third General Assemblies of Iowa. In his later years he removed to California, residing at National City, where he died March 1, 1899.
John T. Stearns, born in 1841, was admitted to practice in Franklin county, Iowa. and came to Primghar in 1875, where he was interested in real estate ventures in connection with his legal practice. For many years he resided at Chamberlain, South Dakota, where he was actively engaged in law and land business until 1895, when he returned to O'Brien county and actively engaged in the practice of law. He made a specialty of land title litigation and was for many years associated with other attorneys in the conduct of litigation in behalf of settlers on the litigated railroad lands of the county. This litigation was generally successful, as most of his clients had secured and remained in possession of the lands, but the contest was long and arduous and J. T. Stearns' ability led in no small degree to the success of that series of legal battles. He died March 14, 1907, without an enemy in the county.
Charles Allen, familiarly known as "Charley." was born in 1835. ad- mitted to practice in 1868, and came to the county in 1875 and associated himself at Sheldon with O. M. Barrett in the practice of law, the firm being known as Barrett & Allen. In 1879 we find him at Primghar temporarily engaged in the drug business, but he soon returned to his profession and was a successful practitioner in the county until 1881. Later he was a practicing attorney at Lander, Wyoming, where he died in I911. He was a good lawyer, absolutely honest in money matters, and a man of varied talents. being at one time leader of the band.
J. L. E. Peck engaged in the practice of law at Primghar in 1877 and, with but a short interruption, during the time his daughters were receiving
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their college education, he has been continuously in the practice of his pro- fession at the same town. He was auditor of the county from 1880 to 1883 inclusive, giving his ability to the adjustment and settlement of the involved and important financial question that was before the supervisors in the troublous times of refunding the county debt in 1881. Mr. Peck is an in- dustrious lawyer, joyously revelling in the drudgery of digging and digest- ing, and preparing his lawsuits, and there are no details too small to receive his earnest attention. He has been successful in his business life, has always maintained a fine home at Primghar, building and rebuilding with the grow- ing town, taking an active part in the progress of his little city, freely giving of his time, talents and money to every public enterprise and from his in- dustry, always an important factor in every movement that tends to the betterment of the town. He served as referee in bankruptcy for this county, 1898 to 1903 inclusive.
I. W. Daggett, an early resident of Primghar, engaged in the banking business there as early as 1875, was later a practicing attorney. During the eighties he was engaged in the mercantile business at Sanborn and later re- moved to Sioux City.
Harley Day, a homesteader in the county in 1871, county supervisor in 1873-4, served as county superintendent of schools from 1878 to 1881 in- clusive. He was admitted to the bar during the first year of his office. as superintendent. Beginning his professional life at Primghar, he was later a resident of Sanborn, where he was a member of the firm of Stocum & Day. He was a soldier in the Union army in the War of the Rebellion. He died at Minot, North Dakota. February 7, 1903.
J. F. Glover, erstwhile editor at Sheldon in 1874 and 1875, was admitted to the bar in 1878, but immediately removed to Sibley, where he now resides.
George L. McKay, a justice of the peace in Sheldon in 1878, was then admitted to practice and removed to Sioux county.
Cal Bradstreet came to Sanborn with the organization of the town in 1878 and successfully practiced law there a dozen or more years, finally re- moving to Sioux City, where he is still engaged in the practice.
John Connell, of Sioux county, was an early practitioner who tried many cases in Sheldon and in this county.
S. C. Nash, a graduate of the law department of the State University of Iowa, a good lawyer. was in the practice at Sheldon in 1878. His brother, F. H. Nash, was also admitted to the bar in 1879 and practiced at Sheldon.
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In 1879 there came to Sheldon one of the kindest, courtliest members of the profession who has ever graced the court room of the county. Alfred Morton had served in the One Hundred and Ninety-third New York In- fantry, with rank as major, and later received commission of brevet lieu- tenant-colonel. Early in the reconstruction period after the war, General Grant appointed him a circuit judge in Virginia. He lived at Richmond and held this office two years. For a short time he was a member of the firm of Barrett & Morton, but later practiced alone. For many years he represented the Illinois Central Railroad Company as its attorney and actively attended to the legal business of the Cherokee & Dakota Railroad Company when that road was built into the county in 1887. He died April 19, 1896, while in active practice of his profession. A man of natural politeness, with a touch of Southern chivalry in his nature, he was beloved by all. In all the intensity of a legal contest he was one member who always remained considerate of the rights of the opponent and was pleasant, respectful and just in the treat- ment of his competitor.
Milt H. Allen, son of Charley Allen, was admitted to the practice in 1879. First settling at Pattersonville, now Hull, in Sioux county, for a short time, he was at Pringhar, then Sanborn and later Sheldon. A man of unusual talents, fluent of speech, a bright legal mind, and largely a self- made man, Milt Allen was one of the best trial lawyers ever practicing in the county. He removed from the county several years ago and engaged in the practice of his profession in Chicago.
Peter R. Bailey had served in the Civil War as a Union soldier. He came to Sheldon in 1880 and was engaged for some time as a temperance lecturer, addressing audiences generally over northwestern Iowa. In the same year he was admitted to the bar, practicing at Sheldon until 1890, when he sold his practice and removed to Huntsville, Alabama. Bailey was a man of strong Northern sentiments, freely speaking them wherever he was, and he did not readily assimilate with his new surroundings and met with many and varied difficulties in adjusting his views to the community in which he had located. After a turbulent experience he finally returned to the county, engaging in the practice at Primghar. While here he wrote and published an interesting volume entitled "Old Shady." The book dealt with the ex- periences of a Northern man, or, as he put it, a "Yankee," who dwelt in a country that was not fully "reconstructed." Mr. Bailey had a fine ability as a speaker, and generally won verdicts from a jury. Of strong likes and dislikes, he frequently became involved in serious disagreements with some
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of those with whom he came in contact, but he had more friends than enemies and the latter were generally willing to give much credit to their opponent. He died in March, 1907, at his home. in Primghar, where he had been engaged in the practice.
George W. Schee, another old soldier, was admitted to the bar in 1880. He had served as auditor of the county, was a soldier with a war record to be proud of, and has for many years exercised a leading part in the business life, politics and prosperity of the county. He served as a member of the state Legislature in the twentieth, twenty-first, twenty-third and thirty- fourth General Assemblies of Iowa. His ability as a tactician and his thorough understanding of parliamentary law gave him a prominent position in the House, and had he returned to the twenty-second General Assembly there is little doubt but that he would have been elected speaker of the House. As a lawyer, he was not attracted to the profession, having a distaste for the details and minutia of the legal conduct of a case, but as a general, to plan out a campaign of legal action, he had ability of a high order.
James B. Dunn, who had been admitted to the bar in Adair county. Iowa, settled in Primghar in 1880, but soon removed to Sutherland when that town was organized. Elected to the office of county attorney in 1886. he again removed to Primghar, remaining there till January 1, 1893, when his term of office expired. Practicing at Sheldon for awhile, he later re- mioved to Bedford, Taylor county, Iowa, serving as county attorney of that county from 1903 to 1907. He now resides at Callaway, Nebraska, but is not actively engaged in practice.
George F. Colcord, an early settler, formerly in the drug business at Sheldon, was admitted to the bar in 1881 and removed soon afterward to Sutherland, where he remained in the practice of law until his death, in 1902. He also served as postmaster in Sutherland. He had an honorable record for service in the Civil War. He was strongly Democratic in his politics and achieved considerable success in the practice of his profession.
J. A. Stocum, who from the earliest times in the history of the county had been largely interested in real estate here, was for many years an in- structor in the commercial college of Bryant & Stratton in Chicago. In 1881 he removed to Sanborn and was engaged in the practice there till his death, in 1891.
Charles H. Bullis, brother-in-law of O. M. Barrett, formed a partner- ship with the latter in Sheldon in 1881. Bullis was a graduate of Yale.
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heading his class in mathematics, and for seven years he held a chair of mathematics in Columbia College in New York City. For a period he was employed as clerk in the treasury department at Washington. He was a close student, a hard worker, of brilliant attainments and an excellent lawyer. He died suddenly in 1885.
Charles Mckenzie, a talented lawyer, was in the eighties for a short time engaged in the practice in Sheldon. Later he practiced in Des Moines. where he died several years ago.
Frank M. Shonkwiler, arriving here in 1882, practiced his profession two or three years at Primghar and Sanborn. He was dramatic and talented. but had very little business ability.
Charles E. Foote, admitted to the bar in Winneshiek county, practiced law at Sanborn for two or three years in the early eighties. Prior to that time he had been principal of the schools at Sanborn. In 1883, wisely con- cluding it better to get into a business that had some money in it, he forsook the law and entered the railroad service. He has continued in the employ of the Chicago, Milwaukee & St. Paul Railway to this day, having held posi- tion as passenger train conductor for many years.
William D. Boies, admitted to the bar in 1880, settled in Sanborn soon afterward, forming a partnership with Cal Bradstreet. In 1890 he removed to Sheldon, where, for a time, he was associated with G. W. Roth. In 1912 he was appointed by Governor Carroll to the vacancy in the district judgeship of the fourth judicial district caused by election of Judge Gaynor to the supreme bench. Judge Boies is now filling office under that appoint- ment. He is a nephew of ex-Governor Horace Boies, and by industry, studiousness, honesty and ability, born of hard work, he has risen to the top of his profession. For many years while he was in the practice he was recognized as the leader of the bar in northwestern lowa and his services were required at practically every term of court in the four northwestern counties. Observers of his earlier life presaged his success when they found him, day after day, drilling along in the hot stuffy office, reading and re- reading the Iowa reports and every law book he could get hold of, in the limited library at his disposal while in Sanborn.
Scott M. Ladd engaged in the practice of his profession in Sheldon in 1883. Always a good lawyer, he never acquired the habit of attracting or at least of getting business, and his practice was of the limited sort. He nat- urally, however, possessed the fine legal mind and qualification which was
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improved by close attention to his work, jealously guarding himself against the pitfalls that have tripped so many young attorneys who turned aside to earn money outside of the profession. In 1886 he was elected district judge and ably filled that office until the end of 1896. In the fall of that year he was elected judge of the supreme court and has since filled that office with honor to himself and satisfaction to the voters. Three times has he filled the office of chief justice and three times elected as supreme judge, rounding out over a quarter of a century of honored service. And this renewed expression of the confidence of the people expressed at the polls, of his ability as a judge and character as a man is a higher testimonial of his worth than could otherwise be here expressed.
In 1882 O. D. Hamstreet commenced the practice of law in Paullina and, as history records it. spent three hundred dollars in building him a law office. After two years he sold his office and practice to H. H. Crow and entered the newspaper field. Mr. Crow had entered the practice at Suther- land in 1883. He was a graduate of the State University of Iowa and one of the most studious and conscientious lawyers who ever practiced in the county. Naturally slow and plodding in his methods, he was sure of what he did do, and when he entered court for trial of a case you might well rest assured that he had a well worked out theory of the case, a thoroughly digested brief of the law and facts, and that there was not a point in his case that had not received careful attention. He gave his case an intensity of mental attention that in the end undermined his health. At various times he had assistants in his office, who helped in the handling of the business. Among these we may mention Hilliard. H. E. Dean, A. M. Hunter and L. D. Hobson. These were all lawyers of some ability and were here for but short periods each, although Mr. Hobson was later in the practice alone here for some years.
W. J. Lorshbough, admitted to the practice in 1886, remained in Primghar for but a short time, when he went to Hartley and engaged in the banking business and is now in the latter business at Fargo, North Dakota.
H. H. McLaury, who was a student in the law office of Barrett & Bullis at Sheldon in the early eighties, returned to Sheldon in 1889 and practiced law there for a short time. Later he practiced at Sioux City.
L. J. Birdseye was in the practice at Sheldon in 1889, forming a part- nership with Judge Morton for a short time. He is now engaged in his profession at Spokane, Washington.
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H. C. Vail and Ralph Hobart entered practice at Primghar about 1889, but soon moved west. Hobart went to Dell Rapids, South Dakota. where he was later elected county judge. Vail is engaged in practice, and has earned considerable reputation as a lawyer, at Albion, Nebraska.
P. H. Hackett and W. E. Brady were lawyers at Sanborn in 1889. the latter also practicing at Sheldon for a time.
J. A. Wilcox removed to Sanborn fron Milford, Iowa, in 1889, enter- ing into partnership with Milt H. Allen. Later he practiced alone, when Allen went to Sheldon. In 1911 he removed to Redmond, Oregon, where he has a prosperous practice.
J. W. Walter began his legal career at Hartley in 1886, and had the honor in 1888 of defeating Frank A. Turner for clerk of courts, and held the office four years. He did not afterwards actively engage in the prac- tice of law, giving his attention to private business at Hartley. Later he was in banking business at Groton, North Dakota, and is now living in Los Angeles, California.
T. F. Ward came to Primghar with the railroad in 1887. He was a bright lawyer, of pleasant, social disposition, rather inclined to wear good clothes, and made money in his chosen profession. He took an active part in politics, was a leading Democrat, and prominent in the business life of the community. Later he was in banking business at LeMars and is now holding the office of county judge at Geddes, South Dakota.
O. H. Montzheimer arrived in Primghar in the spring of 1888 and has been in the practice of his profession there since. He is employed as local attorney by each of the five railroad companies transacting business in the county and enjoys a lucrative practice.
F. A. Ainsworth, a brilliant young lawyer, won many friends at Shel- don in 1890. He was there but a short time, when he was taken ill and died.
C. A. Babcock, who had been in the practice at Humboldt, Iowa, settled at Sanborn in 1891, and has been continuously in the practice since. In 1896 he was elected county attorney. He held the office two years, but refused to accept again unless the salary was raised. In 1913 he removed to Sheldon. Babcock is a keen student, lover of a good story, scorns to earn money outside his profession and enjoys a good practice.
W. WV. Artherholt and Clarence Ingham, graduates of the law depart- ment of the State University, succeeded T. F. Ward in the practice at Primghar in 1892. Later they entered into partnership with Mr. Peck, the-
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firm becoming Peck, Artherholt & Ingham. Ingham later removed to Bridgeport, Washington, and is now in business in Los Angeles, residing at Pomona, California. Mr. Artherholt is postmaster at Primghar, has ex- tensive farming interests and is still in partnership with Mr. Peck.
J. T. Conn entered the office of Warren Walker, having charge of the Primghar business in 1889. In 1892 to 1894, inclusive, he held the office of county auditor and that was followed by two years as county attorney. Following that he re-engaged in the practice of law at Hartley.
S. A. Calvert, who was circuit judge in the fifth judicial district, living at Adel, in Dallas county, and holding office from 1878 until he was legislated out of office in 1886, soon afterwards removed to Sheldon. Prior to his location in the county he held a term of court here in exchange with one of the judges of the district. His years of service on the bench had somewhat unfitted him for the active contest for business and while he had a nice practice at Sheldon he gave it up in 1891 and removed to North Yakima, Washington.
Joe Morton, son of Judge Alfred Morton, entered practice with his father in 1894. He was county attorney in 1903-05. Naturally of a lively social disposition and pleasant ways, the study of law did not prove at- tractive to him and he soon entered politics, securing appointment as post- master at Sheldon. Later he resigned that to take a position at Sioux City as secretary of the Interstate Fair, which office he now holds.
G. W. Roth, a graduate of Ann Arbor, formed a partnership at Shel- don with W. D. Boies in 1891. He was not active in trial work, giving his attention to office business and care of his private real estate interests. He removed to Worthington, Minnesota.
David Algyer, a settler in the county in 1872, who served as superin- tendent of schools from 1882 to 1888, inclusive, was born April 5, 1849. He served in the Union army in the Civil War, and in 1905 proved his ability as a student by perfecting a legal education and was admitted to the bar, at the age of forty-seven years. About the same time he mastered the German language and removed to Paullina, where he has since practiced law. He has a fine practice and is one lawyer who has made considerable money strictly in the practice of his profession. From 1890 to 1895 he held the office of county coroner.
Edwin T. Langley, who valiantly served his country in an Iowa regi- ment during the Civil War, came to Sanborn from Huron, South Dakota,
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in 1895. He had attained some fame as a speaker and was capable of mak- ing a polished and pleasing address as a lecturer. He was in partnership for a time with his son and also with A. J. Walsmith, but later removed to Santa Ana, California.
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