USA > Iowa > Lee County > Story of Lee County, Iowa, Volume I > Part 27
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MARK TWAIN
Mr. Clemens was born in Florida, Missouri, November 30, 1835. He was educated in the Hannibal public schools and began learning the printer's trade when twelve years old. Later he became a Mis- sissippi River pilot. While working at the printer's trade he set type on the first Keokuk city directory, published in 1856, in which he gave his occupation as antiquarian. This directory was published by his brother, Orion Clemens, and a copy of it is now in the Keo- kuk Public Library. He also worked awhile on the Keokuk Satur- day Post, which paper employed him to write some articles upon his travels after leaving Keokuk. The first of these articles was published on December 6, 1856, signed "Snodgrass," and is said to be the first article ever published by the man who afterward became so celebrated a humorist. In 1862 Mr. Clemens became the city editor of the Virginia City (Nevada) Enterprise. Here he made quite a reputation as a humorist and his writings became known all
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over the country. A few years later he went upon the excursion to Europe and the Holy Land, an account of which was published in his "Innocents Abroad," his first pretentious work. Between that time and his death he published more than a score of volumes, but it was in Lee County that he made his humble start.
VIRGINIA WILCOX IVINS
Mrs. Ivins was a niece of Dr. Isaac Galland, one of the pioneers of Lee County, and came with her uncle to Keokuk in the latter '30s. In 1840 she went with Doctor Galland and his wife to Ohio and spent the winter in school at Akron. In the fall of 1842 she came back to Keokuk on a canal boat, which was towed down from Akron to the Ohio River, drifted down that stream to the Mississippi, and was then towed up by a steamboat to Keokuk-a trip of 1,450 miles. In her "Pen Pictures of Early Western Days" she says in the preface : "In presenting these pen pictures no literary merit is claimed, but that it is an authentic account of scenes and occurrences in most of which the author took part, or to which she was an eye witness."
In this work she gives accounts of a number of interesting inci- dents, one of which is the story of "Nigger John," who bought his freedom and saved $600 to buy his wife. About that time there was an organization known as the "Vigilants" that charged John with being a thief. His trunk was searched, the $600 found, and he was ordered to leave town. He refused to go, and one evening when Doctor Galland walked to the levee he discovered Doctor Hogan horsewhipping the negro. Doctor Galland made a speech and Mrs. Ivins says: "He talked long and earnestly to the men, telling them what a bad reputation Keokuk was gaining abroad from such out- rages, and appealing to them to redeem themselves and help build up a town in which it would be a pleasure and a pride to live. He closed his speech by saying: 'If there is to be a constant fight I propose to take a hand in it.' " This ended the outrages of the "Vigilants" and had a good effect upon the Town of Keokuk.
In 1849 Miss Wilcox became the wife of William S. Ivins and about four years later went overland to California. She returned to Keokuk in 1856 and in the latter years of her life resided on North Second Street, where she wrote the book above mentioned.
DAVID B. SMITH
Mr. Smith came to Keokuk in 1847 as a civil engineer in the employ of the Keokuk & Des Moines Valley Railroad. He became
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permanently identified with municipal and county affairs, served as a member of the Keokuk City council, and as deputy sheriff and deputy treasurer of Lee County. Mr. Smith became an author under rather unfortunate circumstances. He was convicted for embezzle- ment in the county treasurer's office and sentenced to the peniten- tiary. His experiences as an inmate of that institution led to his writing a book upon prison conditions that has been widely read and is regarded as an authority upon the subject.
J. MONROE REID
Colonel Reid was a son of Hugh T. Reid, who was one of the leading Lee County attorneys in his day and won distinction as a soldier in the Civil war. J. Monroe Reid studied law and for many years had an office at 24 North Fifth Street, Keokuk. In 1877 he wrote his "Sketches and Anecdotes of Old Settlers, Newcomers, the Mormon Bandits and the Danite Band." Among the old settlers mentioned in his work were Dr. Samuel Muir, Capt. J. B. Browne, C. F. Davis, Isaac R. Campbell, Chief Keokuk, Edwin Guthrie and George C. Anderson, Keokuk's first banker.
Colonel Reid's literary style is probably more forcible than ele- gant, but in his book are preserved many incidents connected with the early life of Lee County. He came to Keokuk from Indiana, enlisted as a private in Company A, Second Iowa Infantry, and four years later was mustered out as captain and brevet lieutenant- colonel of the Fifteenth Iowa Infantry.
SUE HARRY CLAGETT
Miss Clagett was a native of the State of Maryland. In 1854, with her father, Thomas W. Clagett, who afterwards served as judge of the District Court, she came to Keokuk. She attended the private school of Rev. Charles Williams, was a writer on the old Keokuk Constitution, while her father was the owner of that paper, and her most pretentious work, a novel entitled "Her Lovers," was written while living at 223 Morgan Street, Keokuk. In 1879 she went to Louisville, Kentucky, where the next year she was married to S. B. Pettingill, and later removed to Tacoma, Washington. She died there in 1890.
MARGARET COLLIER GRAHAM
This author was born in Van Buren County, Iowa, September 29, 1850, a daughter of David and Lydia A. (Lindsey) Collier. She
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was educated in the Keokuk public schools and the college at Mon- mouth, Illinois, where she was graduated in 1869. On October 21, 1873, she became the wife of Donald M. Graham and some years later removed to Pasadena, California, where she passed the remainder of her life. Mrs. Graham wrote "Stories of the Foot-Hills," a num- ber of character sketches of western people; "The Wizard's Daugh- ter and Other Stories," a work of similar character; and a book of essays which takes its title from the first essay, "Do They Really Respect Us?" Most of these essays deal with woman's rights and the higher education of women. In the one entitled "What Is An Immoral Novel?" she sets forth this bit of philosophy :
"I am aware that women are hard towards certain forms of evil among women, and I am rather glad that this is so. It is no doubt what has made us so very, very good. If we are to believe men, who are constantly telling us how virtuously superior we are to them, our plan with women has certainly worked better than theirs with men. Possibly the sauce that has made of women such a highly moral and delicious goose might make of man an equally moral and delectable gander. The experiment is certainly worth trying."
JOHN BURGESS
From 1863 to 1897 Rev. John Burgess resided in Keokuk, with the exception of four years, from 1865 to 1869. He served as chap- lain of the Thirtieth Iowa Infantry in the Civil war until ill health compelled his discharge from service. For some time he was pas- tor of the Exchange Street Methodist Episcopal Church and later was in charge of the Free-for-all Church at Keokuk. He also studied medicine in the old College of Physicians and Surgeons, where he received the degree of M. D. in 1865. His best known works are "Pleasant Recollections of the Character and Works of . Notable Men," which deals largely with his work in the ministry, containing many reminiscences of persons met in different states. Some of these stories are pathetic, some amusing, but all are well told. His "Sermons on Practical Duties" contain many moral pre- cepts and much wholesome advice that can be applied to the ordi- nary daily walks of life.
N. GRAY BARTLETT
Mrs. Bartlett's maiden name was Miss May McCune. Her father, John McCune, was a contractor in Mississippi River work
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under General Curtis, and she came with him to Keokuk in her early childhood. She was educated in St. Vincent's Academy and continued to live in Keokuk until her marriage to Mr. Bartlett in 1870, after which she resided in Chicago.
REBECCA S. POLLARD
Probably no Lee County author is more widely known than Mrs. Pollard. She was born in Allegheny County, Pennsylvania, a daugh- ter of Nathaniel Ruggles Smith, a prominent educator, and came to Fort Madison at a comparatively early date. Under the pseu- donym of Kate Harrington she wrote a number of poems. The following extract is taken from her poem entitled Maymie:
"O! be ye guarded what ye do or say Before a mother when her child is dead; Move with hushed tread beside the pulseless clay, And in low whispers let your words be said. Remember of her life it was a part; Remember it was nourished at her breast; That she would guard it still from sudden start, The ringing footfall, or untimely jest."
The Iowa Centennial poem, read at Philadelphia in 1876, was written by Mrs. Pollard and attracted favorable comment from the press of the country. In this poem she says of Iowa :
"The mansions on our prairies wide, Oft with a rude cot by their side, Show how, by years of patient toil, The lordly tillers of our soil Have reared such houses as freemen may With all their shackles torn away. On history's page will shine most bright Such names as Belknap, Kirkwood, Wright, Howell, McCrary, Mason, Hall, Dodge, faithful to his country's call.
Warriors who, through war's wild shock, Anchored our ship on Union rock.
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"Ask ye if Woman shrinking stood,
When rang War's cry o'er field and flood?
Did mothers, racked by dire alarms, Prison their sons with clinging arms? No! worthy of the patriot sires That lit the Revolution fires, They forced the tears-that needs must start-
Backward, to trickle through the heart, And said in accents firm and low,
'Our prayers will follow-go, boys, go!'"
Mrs. Pollard is the author of a series of phonetic readers used in many of the schools of the country. From 1875 to 1877 she con- ducted a private school in Keokuk, and while residing there her Cen- tennial poem and "Maymie" were printed at the office of the Gate City. She is also the author of a novel, "Emma Bartlett," an inci- dent of the Civil war. She is now (1914) aged eighty-three years, living with her son, J. A. S. Pollard, cashier of the Fort Madison Savings Bank, at Fort Madison. At the age of eighty-one she wrote a missionary poem entitled Althea, which is her last literary work.
RUPERT HUGHES
One of the best known of the Lee County authors is Rupert Hughes, who now lives in New York City. He was born at Lan- caster, Missouri, January 31, 1872; came to Keokuk when about seven years of age; received his elementary education in the Keokuk public schools ; then attended different colleges, and in 1892 received the A. M. degree from Yale University. That year marked the close of his residence in Keokuk. In 1901 he began editorial work, and from 1902 to 1905 was connected with the Encyclopedia Brittanica Company. He is the author of a number of stories and the scene of the "Lakerim Cruise" is laid in Keokuk. It was published in 1898. He has also written some poetry and several plays.
GEORGE P. WILKINSON
George P. Wilkinson is a native of Keokuk, where he was born in 1860, a son of A. J. and Martha Willia Wilkinson. After attend- ing the Keokuk public schools he attended college, studied medicine, and became professor of diseases of the eye and ear in the College of Physicians and Surgeons at Keokuk, which chair he held from 1884
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to 1886. Many of his writings are devoted to subjects connected with the medical profession. During his later life he lived in Omaha, Nebraska.
FRANK GRAHAM MOORHEAD
In 1885 Frank Graham Moorhead, then nine years of age, came with his parents, Dr. Samuel W. and Melissa M. (Graham) Moor- head, to Keokuk. While living with his parents there, at 1228 High Street, he attended the public schools, and it was in Keokuk that he wrote his "Unknown Facts about Well Known People," which was published in 1895, when he was barely twenty years of age. This work is a compilation of short biographical sketches of prominent people-chiefly literary characters-and many of the sketches con- tain information about the subject not found elsewhere, thus justify- ing the title of his book. There are also sketches of a number of people in Mr. Moorhead's work that are not found in any of the standard biographical dictionaries. In 1898 he became managing editor of the Keokuk Daily Press and later went to Des Moines, where he was employed on various papers for some time. Still later he was Sunday editor of the Spokane Spokesman-Review. He is now connected with the Pierce publications at Des Moines and is one of the best known magazine writers in the West.
GRANVILLE WALTER BARR
Mr. Barr is a native of the Buckeye State, having been born in Clark County, Ohio, October 25, 1860. He attended Asbury (now DePauw) University at Greencastle, Indiana, from 1877 to 1880, and in 1884 graduated at Jefferson Medical College, Philadelphia. While attending college in Indiana he began newspaper work. In 1898 he came to Keokuk as professor of materia medica in the Col- lege of Physicians and Surgeons and has since been a resident of that city. He is the author of several works and monographs on medical subjects. Of his miscellaneous works, the best known are the "Ver- dict in the Rutherford Case," "The Woman Who Hesitated," "In the Last Ditch," "Victory of the Valiant," and his political novel, "Shacklett, or the Evolution of a Statesman." The Heights in this novel is Cedarcroft, the Nagel home at Warsaw, Illinois. Doctor Barr is now in charge of the publicity department of the Mississippi River Power Company.
Vol. T-19
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MISCELLANEOUS
At the beginning of the Civil war Mrs. Annie Wittenmyer began as a nurse in the Keokuk hospitals, after which she went to the front as a field nurse with the army of General Grant. After the war she wrote "Under the Guns, a Woman's Reminiscences of the Civil War." The book contains a number of interesting incidents and the intro- duction was written by Mrs. Ulysses S. Grant. Mrs. Wittenmyer is also the author of "Woman's Work for Jesus," "A Jeweled Minis- try," "The Women of the Reformation," etc.
James H. Anderson, for many years a resident of Keokuk, who wrote "Riddles of Prehistoric Times," published in 1911, says in his preface: "For forty years the author had been a plodding law- ' yer, but, having become incapacitated by an apoplectic fit, he, pon- dering on the riddle of existence, compiled this book, which is but a resume of facts gleaned while he was seeking to know whence came the world and its people." The book contains much evidence of research into ancient ethnology, etc., is well written, and will well repay the reader for the time spent in its perusal.
One of the most interesting works by a Lee County author is the "Notes of a Trip Around the World," by Charles Parsons, who was one of the early bankers of Keokuk. An interesting feature of this work is the illustrations made from original photographs taken in Japan, India, Egypt, Spain and other countries, and the story is told in a highly entertaining way.
Blanche Sellers Ortman was born in Keokuk, a daughter of Morris and Rose (McCune) Sellers. She was educated in the Sacred Heart convent at Chicago, and soon after completing her education became the wife of Rudolph Ortman of that city. Her principal works are "Bar-Gee," the story of a horse, and "The Old House, and Other Stories." There is a pathos in her story of the Old House which makes the reader think of his childhood home, if he ever had one.
Among the more substantial publications written or compiled by Lee County authors is George W. McCrary's "American Law of Elections." As its name indicates, it is devoted to certain legal phases of American elections and is not well calculated for "sum- mer reading." It was written before the Australian ballot system was introduced into so many of the states of the Union, but contains much that is still good authority. The book is dedicated to Hon. Samuel F. Miller, a Lee County lawyer, who became chief justice of the United States Supreme Court.
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There have been a few other sons and daughters of Lee County who have made their mark in the literary world, but the above are the ones best known. The works of these writers show that Iowa has kept pace with the literary progress of the nation, and that Lee County is by no means the most insignificant part of the Hawkeye State.
CHAPTER XIX THE BENCH AND BAR
PURPOSE OF COURTS-THE LAWYER'S PLACE AS A CITIZEN-EARLY LEE COUNTY COURTS AND JUDGES-FIRST JURORS-TERRITORIAL COURT OF IOWA-PERSONNEL OF THE JUDICIARY-COURTS UNDER THE PRESENT CONSTITUTION-SKETCHES OF PROMINENT ATTORNEYS.
Much of the history of every civilized country or community centers about its laws and the manner in which they are enforced. "To establish justice" was written into the Federal Constitution by the founders of the American Republic as one of the primary and paramount purposes of government. The founders of that republic also showed their wisdom in dividing the functions of government into three departments-legislative, executive and judicial-the first to enact, the second to execute and the third to interpret the nation's laws. States have copied this system, so that in every state there are a Legislature to pass laws, a supreme and subordinate courts to inter- pret them and a governor as the chief executive officer to see that they are fairly and impartially enforced.
The law is a jealous profession. It demands of the attorney and the man on the bench alike a careful, conscientious effort to secure the administration of justice-"speedy and substantial, efficient, equitable and economical." Within recent years there have been some caustic criticisms of the courts for their delays, and a great deal has been said in the press about "judicial reform." Perhaps some of the criticisms are founded upon reason, but should the entire judiciary system be condemned because here and there some judge has failed to measure up to the proper standard, or some lawyer has adopted the tactics of the pettifogger? It should be borne in mind that some of the greatest men in our national history were lawyers. John Marshall, one of the early chief justices of the United States Supreme Court, was a man whose legal opinions are still quoted with reverence and respect by the profession, and his memory is revered by the American people at large. Thomas Jefferson, Robert R. Livingston and James Monroe, who negotiated the Louisiana Pur-
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chase and gave to the United States an empire in extent, were all lawyers. Daniel Webster, Henry Clay, Salmon P. Chase, Stephen A. Douglas, Thomas M. Cooley, and a host of others who might be mentioned, were men whose patriotism and love of justice were unquestioned. And last, but not least, was Abraham Lincoln, self- educated and self-reliant, whose consummate tact and statesmanship saved the Union from disruption.
Concerning the tendency to criticize the courts, one of the jus- tices of the Ohio Supreme Court recently said: "A reasonable amount of criticism is good for a public officer-even a judge. It keeps reminding him that, after all, he is only a public servant; that he must give account of his stewardship, as to his efficiency, the same as any other servant; that the same tests applied to private servants in private business should be equally applied to public servants in public business, whether executives, legislators or judges-at least, this is the public view. Would it not be more wholesome if more public officers, especially judges, took the same view?"
Fortunately for the people of Lee County, her judges have been men of character, free from charges of venality or corruption, and justice has generally been administered in such a way that criticism of the court was unnecessary. In the fall of 1834, while Iowa was still under the jurisdiction of Michigan Territory, an election was ordered for the election of judicial officers in Des Moines County, which then included the present County of Lee. There were but two voting places-Burlington and Fort Madison. William Mor- gan was elected presiding judge; Young L. Hughes and Henry Walker, associate judges; W. W. Chapman, prosecuting attorney; W. R. Ross, clerk; Solomon Perkins, sheriff. At the same time John W. Whitaker was elected judge of probate, and a little later John Barker and Richard Land were appointed justices of the peace by the governor of Michigan Territory. These were the first judicial officers in Southeastern Iowa.
The first session of the District Court was held in the spring of 1835, at the residence of the clerk, in the Town of Burlington, with Judge Morgan presiding and the two associates both present. Among those tried for misdemeanor were some of the soldiers stationed at Fort Des Moines (now Montrose). They were defended by their captain, Jesse B. Browne, who afterward became a resident of Lee County and a member of the local bar.
In July, 1836, Iowa became a part of the Territory of Wisconsin, and in that year Isaac Leffler succeeded William Morgan as the pre- siding judge of the local District Court. Lee County was erected
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as a separate county and partly organized. The first session of the District Court in the new county was held at Fort Madison, begin- ning on March 27, 1837, and was presided over by David Irvin of the Territorial Supreme Court of Wisconsin, who had been assigned to the Second Judicial District. Judge Irvin's first official order was for the appointment of John H. Lines clerk of the court and W. W. Chapman, prosecuting attorney. Francis Gehon was United States marshal and Joshua Owen, sheriff of Lee County. The mar- shal was directed by the court to summon a grand jury and the names of Isaac Johnson, John Gregg, Isaac Briggs, E. D. Ayres, William Anderson, Samuel Morrison, Peter P. Jones, William Ritchie, Henry Hawkins, George Herring, James McAlleny, Rich- ard Dunn, John R. Shaver, Edwin Guthrie, Jesse Dickey, Garrett I. Wood, C. E. Stone, David Wright, Joseph Skinner, Benjamin Brat- tan, George W. Ball and John Stephens were presented, from which a grand jury was to be drawn and impaneled, but the judge found that none of them was qualified to serve and they were discharged, each man being allowed one day's pay. The court then approved the bond of Aaron White and granted him permission to operate a ferry at Fort Madison. This court was held in a room in the Madi- son House.
At the second term, which convened on August 28, 1837, with the same judge presiding and the same officers in attendance except prosecuting attorney, the following were summoned as grand jurors : John L. Cotton, Samuel Ross, Thomas Small, Jr., Jesse Wilson, Joseph S. Douglass, Peter P. Jones, Joseph Skinner, Aaron White, John Gregg, John Stephenson, Campbell Gilmer, Jesse O'Neil, John Box, Johnson J. Phares, William Tyrell, Henry Hawkins, E. D. Ayres, Lorenzo Bullard, Benjamin Brattan, Leonard P. Parker, William Anderson, George Herring, Abraham Hunsicker and John G. Kennedy. E. D. Ayres was elected foreman of the grand jury and Philip Viele was appointed prosecuting attorney, Mr. Chapman having been elected delegate to Congress.
Sixty-two indictments were returned by the grand jury, to-wit: One for injuring cattle, two for assault with intent to kill, three for assault and battery, and fifty-six for gambling. The two indict- ments for assault with intent to kill were against Wade H. Rattan, but when the cases were called for trial in April, 1839, it was found that Rattan had left the country and default was entered on the records. He was never heard from again in Lee County. The other indictments, with two or three exceptions, were all dismissed as defective.
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Judge David Irvin, who presided at these early terms of court, was a Virginian by birth. When the Territory of Michigan was established he was appointed a judge by President Jackson and was assigned to that part of the territory afterward cut off and erected into the Territory of Wisconsin. He was a man of upright char- acter, prompt with his decisions, and was well versed in the law. When Iowa was made a territory, Judge Irvin went back to Wis- consin, where he remained upon the bench until removed by Presi- dent Harrison in 1841. He then went to Texas and during the Civil war was an ardent supporter of the Confederate cause. He lived and died a bachelor.
William W. Chapman, the first prosecuting attorney, after the expiration of his term as delegate to Congress in 1839, went to Oregon and became one of that state's prominent attorneys; Clerk John H. Lines also went to Oregon; Marshal Gehon died, and Sheriff Owen removed to California.
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