The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 59

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074

USA > Iowa > Polk County > The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 59

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"I do give and devise to my beloved wife in lieu of her dower the farm up- on which we now reside, situated in Polk county Iowa, containing about seven hundred and forty-five acres, after selling about one hundred and fourteen acres situated on Four Mile Creek upon which a saw mill has been commenced, which I desire my executors to sell at such time and such terms as they may think best; if not sold during my life, during her natural life, and all the stock, household goods, furniture, provisions and other goods and chattels which may be thereon at my decease, during her natural life as aforesaid, or so much thereof as she may need and require; and also money when she may stand in need of it; and to be furnished with assistance for either in or out of the house. It is further my will and de- sire, that if my beloved unfortunate daughter Leary, should survive the death of her mother, that she want nothing to make her comfortable. It is further my will that none of my personal or land property be divided among my heirs till after the death of my wife. When my lands are sold and the amount in money realized or ascertained, and all my estate brought to a close, the money is to be distributed as hereinafter specified.

"I, in the first place, give and devise to my daughter Joanna Firestone, three hundred dollars. I give and devise to my son James M. Frederick, six hundred dollars, five of which it is my desire to be applied to the edu- cation of my grandson, Jacob Frederick. I give and devise to my son John L. Frederick twenty-five dollars. I give and devise to my grandson Cor- win Frederick, one hundred dollars. The residue of my estate is to be di- vided equally between my three daughters; to Joanna Firestone and Joseph Firestone her husband and their children, to Fanny Smith and her chil- dren, to Labena Smith Ellison, Labena is further to have a young colt of this spring, provided however, that should my daughter Labena die with- out issue before the final close of my estate, her portion is to be null and void, and her portion to be divided equally between my two first named daughters, provided further that in that case my son-in-law, William Elli- son, is to have one hundred dollars.

" I do hereby nominate and appoint Thomas Mitchell, on Camp Creek; and Isaac Cooper, on Four Mile Creek; both of Polk county Iowa. They are not required to give bond and security. (They are hereby authorized to retain in their hands one dollar and fifty cents each per day for every day they are engaged in settling my estate, in addition to such per cent as may be allowed by the court. They are required to report to the court such sums as may be retained, the same as other items of expense.) I do here- by nominate and appoint the aforesaid Mitchell and Cooper executors of this my last will and testament, hereby authorize and empower them to do and transact all business that I legally, of right ought to do: Deeds to be made, to execute, and acknowledge, and deliver, in fee simple, to all such as have a legal claim, and also to such as may be the purchasers of land; to sell my lands at public or private sale for cash or a limited credit; to divide

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the same into such lots or tracts as may be thought to be the best; to pay the taxes; to keep the farm in good repair; to lease or rent the same; to make such improvements as have already been commenced, and any new improvements which will be considered to add more to the value of the property than money pu; at interest; to collect any debts due me, and if at any time money should be collected on land, not otherwise needed, to put the same to interest on such terms and such securities as may be con- sidered safe.

" I do hereby revoke all former wills by me made.

" In testimony whereof I have hereunto set my hand and seal this thir- teenth day of April, the year of our Lord, eighteen hundred and fifty-two. " JACOB FREDERICK.

[SEAL.]

" Signed and acknowledged by said Jacob Frederick as his last will and testament in our presence, and signed by us in his presence.

" JAMES ROOKER.

"LEWIS BARLOW.

"JOHN BARLOW."

During the following May there was a codicil added to the will, whereby John L. Frederick was bequeathed the additional sum of one hundred and forty dollars, and Labena Ellison was bequeathed eight fleeces of wool each year during Mrs. Frederick's life-time, and after the death of the latter, La- bena was to have twenty head of sheep.

The will was proved before William L. Marvin, Register of Probate, on the 21st day of June, 1852.

The codicil was witnessed by George Oglevie, William Garrett, and Thomas H. Napier.

THE EARLY BAR OF POLK COUNTY.

Polk county was from the first ably represented by members of the legal profession. From the very first settlements in Central Iowa, Fort Des Moines was the headquarters of quite a number of attorneys, who followed the judge around through the various parts of the judicial district, and took part in nearly all the leading cases which came to trial. Fort Des Moines was a sort of a judicial sun in the galaxy of Iowa towns, around which re- volved the satellites of Blackstone, and poured upon the dark points of liti- gation the penetrating light of legal lore. Especially in Warren, Madison, Dallas, Boone and Story counties were they always in attendance upon each term of court, and it was frequently the case that they went into Jasper, Marshall, Hardin and Webster counties.

When the judge adjourned the court at the " Fort," there was invariably a short vacation, during which time the bench and the bar threw aside all dignity and distinctions of rank and engaged in some species of recreation and hilarity, during which it was no unusual thing for Bacchus to preside. It is even averred that court was sometimes adjourned a day or two earlier than the business would seem to have warranted in order to afford the bench and the bar an opportunity to go on a chicken shooting excursion.

In a few days after court adjourned and the legal luminaries had suffi- ciently rested from their labors, the judge would mount his champing steed and set out for the next station; following him went the representatives of

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the bar, some of them, the more aristocratic, in gigs, some on horseback, with saddle-bags which contained the laws and precedents, and, bringing up the rear, were those lawyers, who, like the seventy of old, went on foot and boasted of neither scrip in their purses nor change of raiment.

A long list of these itinerant lawyers and journeymen counselors might be made which would contain the names of many still living, well known to the reader, while other names would be those of attorneys who have long since died or moved to other places. The list would very properly begin with the name of William McKay, the first licensed attorney in Polk county, or in Central Iowa; a man of more than average attainments for that day, and always affable and genial; then the name of A. D. Jones, who, as himself expresses it, frequently met Mckay before the high court of justice of the peace. As a lawyer Mr. Jones probably did not arise above . the dignity of a petifogger; he was a man of great energy and sagacity, and made his mark while a resident of Des Moines. He removed to Madison county in 1849 or 1850, and assisted in the organization of that county; he now resides in Council Bluffs or Omaha. Thomas Bates was an attorney of some note; he did not reside in Des Moines, but frequently visited that place in the discharge of his duties as United States District Attorney, dur- ing the time that Iowa was still a Territory. Wm. D. Frazee was one of. the first attorneys. Then there are the names of P. M. Casady, R. L. Tid- rick, Hoyt Sherman, Barlow Granger, and L. P. Sherman, all of whom are still residents of Des Moines, and who are no less noted for their legal attainments than for their extraordinary business sagacity. It is a remark- able coincidence that these five men should have come to Polk county nearly at the same time; all entered the profession of law; that after the lapse of more than a quarter of a century all are still here and all have been unusually successful in business.

W. W. Williamson and Curtis Bates became connected with the Polk county bar in 1849; the names of these individuals are both familiar to the people of Iowa. Lewis Whitten, Amelius Reynolds, J. E. Jewett, John Barnard, O. R. Jones, Madison Young, J. M. Perry, Byron Rice, Charles McKay, C. Ben. Darwin, and Lewis Kinsey became members of the Polk county bar during the years of 1849, '50 and '51.

Early in the year 1853 D. O. Finch made his appearance in Polk county. This gentleman has undoubtedly had a wider range of practice and is better known throughout Central Iowa than any other member of the Polk county bar now in active practice. In 1855 M. M. Crocker came to Polk county and formed a partnership with Mr. Finch. At the breaking out of the . civil war he was a partner of Mr. Casady. Of all the distinguished soldiers who entered the army from Iowa none has a better record that that made by Gen. Crocker; a further allusion to this name will be made else- where.

The next names and the last ones which properly belong to a list of names of the early members of the bar, are those of J. H. Gray, Thomas Kava- naugh, J. G. Weeks, John Mitchell, S. V. White, J. S. Polk, and the McHenrys.

To give anything like a biography of each of the foregoing named gen- tlemen would be impossible at this place. A brief biography of certain ones will be found in a separate chapter devoted to that purpose. At this place we intend to gather together a few reminiscences mostly relating to. the courts and lawyers of this region in early times.

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HISTORY OF POLK COUNTY.

Luther D. Johnson, a young lawyer of much prominence, came to Des Moines from Iowa City, in the Spring of 1850, to take charge of the Iowa Star, which had been started the year previous by Barlow Granger. Dur- ing the summer he was called back to Iowa City to see a sick brother, where he himself was prostrated by sickness and died on the 22d of August. The following is a report of the proceedings of the Des Moines bar with refer- ence to his death:

"At a meeting of the members of the Bar of Fort Des Moines, Polk county, Iowa, held at the court-house, Thursday, September 5th, 1850, con- vened to express their feelings of grief for the death of Luther D. Johnson, Esq., late member of the bar, P. M. Casady, Esq., was called to the chair, and J. E. Jewett, Esq., appointed secretary.

"On motion of John M. Barnard, Hon. William McKay and O. R. Jones were appointed a committee to report resolutions expressive of the sense of the meeting.

"After a short absence the committee reported the following resolutions, which, on motion of Judge McKay, were unanimously adopted:

WHEREAS, An all-wise Providence has suddenly removed from our midst, by stern, relent- less death, the lamented L. D. Johnson; be it therefore

Resolved, That the bar of Fort Des Moines has learned with sentiments of profound sor- row the sudden death of our esteemed fellow-citizen and most worthy brother, L. D. John- son, Esq., at the residence of his father in Iowa City on the 22d ult.

Resolved, That in the death of Mr. Johnson we lose a bright ornament of society, a high- toned and whole-souled gentleman, the rare and noble writer, the pure and noble man.

Resolved, That our deepest sympathies are with the family and friends of the deceased, who mourned the early death of the gifted and good, whose high hopes of future usefulness have been thus suddenly sundered by the relentless Archer.

Resolved, That as a proper mark of respect for our departed brother we will wear the usual badge of mourning for thirty days.

"P. M. CASADY, President.

"J. E. JEWETT, Secretary."

Judge Negus, of Fairfield, wrote a short account of Gen. Crocker, for a certain publication, during the year 1869, from which we make the follow- ing extracts :

"In the Spring of 1841 Gen. Crocker moved with his father's family to Fairfield, Jefferson county, Iowa, where he lived till 1844, when his father, with the family, removed to Keokuk county, and three years later, on the recommendation of Shepherd Leffler, then member of Congress from Iowa, was appointed a cadet to West Point."

Some matters relating to Crocker's appointment having been questioned, Mr. Negus wrote to Mr. Leffler, and received the following reply:

"BURLINGTON, IOWA, Nov. 2, 1866.

"CHAS. NEGUS, EsQ., Sir :- You ask me whether I had not something to do with the appointment of young Crocker to the Academy at West Point. I had, and nobody else had anything to do with it, except his father. All the facts are fresh in my mind, but it is unnecessary to detail them now. I had the right to make one nomination, and I told his father that his son might have it, which promise I kept.

"SHEP. LEFFLER."

Joseph Williams, the first District Judge to preside over the court of Polk county, was a somewhat noted character, more particularly for his ec-

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centricity than for legal attainments, though we believe he had the reputa- tion of being a good judge. In a Territorial act, fixing the appointee over what was then called the Second Judicial District, composed of the counties of Louisa, Muscatine, Cedar, Johnson and Slaughter, Joseph Williams was named. This was during the year 1838; he continued to fill the position of Judge of the Second Judicial District until, by the formation of new coun- ties, his district extended half way across the State, and was composed of some fifteen or twenty different places of holding court. He was an earnest and zealous champion of temperance. After having delivering a temper- ance lecture full of eloquence and pathos, and interspersed with humorous passages, he would conclude by singing a favorite song entitled " Little Billy Neal," with an effect seldom surpassed, calling up an applause of such hearty, boisterous delight as seldom greets a star actor. He was master of most musical instruments; but for drawing tunes out of that sweetest toned of all " the fiddle and the bow," he was particularly distinguished. He was accustomed, upon going into a new county for the first time, to organize the members of the bar, jurors, witnesses, plaintiffs, defendants and other citizens of the county, with whom he came in contact, into a temperance society. The temperance meeting was usually held in the court-room the evening after the first session of the court, and usually the next day, out of compliment to the Judge, on motion of some attorney, a record of the meeting was spread upon the court journal.

In examining the early records of the various counties, which at one time composed the Second Judicial District, the writer has invariably found the following simple pledge:

" We, the undersigned, by hereunto setting our names, pledge our sacred honor, each to the other, that we will abstain from all intoxicating drink as a beverage."

The first name attached to this document is that of the Judge, after which generally follows the names of all the attorneys then in practice at that par- ticular place, then the names of others.

It was not unfrequently the case that many lawyers, under the pressure of circumstances, put their names to the pledge which they soon violated; nevertheless, it is beyond dispute that Judge Williams accomplished a vast amount of good by his zeal and earnestness in the cause of temperance. His career, in this respect, furnishes a marked contrast with that of some of his successors.

The following anecdote is related, with regard to Judge Williams' nomin- ation for the office of Supreme Judge:

"Geo. W. Jones and Thomas Wilson were candidates for the office of United States Senator, while Judge Williams and S. C. Hastings were can- didates for Supreme Judges. Col. Babbitt of Council Bluffs was among the friends of Judge Williams, and when the caucus met, without manifest- ing any anxiety on the subject, he went around among the members saying: ' Oid Joe is a good old fellow, let us give him a complimentary vote'; which proposition was agreed to by several members who desired the nom- ination of some other candidate. It took nineteen votes to nominate, and when the votes were counted Judge Williams had received twenty-three.

" Mr. Babbitt then arose and said: 'Inasmuch as Hon. Joseph Williams has received a majority of all the votes, I move that he be declared the nom- inee for Supreme Judge by acclamation. The vote was immediately taken

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and before opponents could rally, he was declared the nominee, whereupon several whom Mr. Babbitt had solicited to give him a complimentary vote, exclaimed, ' You played thunder with your complimentary vote.'"

Wilson and Hastings were very much chagrined over their defeat, and when Col. Babbitt endeavored to console them, Wilson exclaimed: "If I had been beaten by a high-minded, honorable man I could have stood it without a murmur, but to be defeated by a dancing master ruins my repu- tation forever."

To this speech Hastings responded as follows: "Wilson, you have been defeated by a high-minded, honorable man, a gentleman, a dancing master. I congratulate you; but for me there is no consolation, for a d-d fiddler beat me."

Mr. Turrell, author of " Early Reminiscences of Des Moines," says:

"Judge Williams, afterward Chief Justice of the Supreme Court of Iowa, possessed valuable and extensive legal attainments, which his long judicial career in this State has abundantly proven. He was, withal, an inveterate joker, and never so happy as when he had an opportunity to give his mirth- ful proclivites full exercise. Many stories illustrating his ready wit and appetite for fun are related. The only person, however, who ever beat him with the tongue was a woman, Mary Hayes. The feminine Charon of Des Moines rather checked his loquacity, when one day he attempted to play off one of his jokes upon her.

The Judge was boarding on the east side of the river-bridges existed then only in the imaginations of the most enterprising -- and in attending court he crossed to and fro in a skiff. Sometimes one, sometimes another ferried him over, but once there was no man at hand, and Miss Hayes, a young, and in all probability a very good looking lady, was washing near the river bank.

" Mary," said the Judge, " how am I to get across the the river?

" Why, in the skiff, I suppose," Mary quietly replied.

" But there is no one to bring back the boat, and I am a very poor rower. Now, Mary, don't you really think you could take pity on a man in such a troublesome predicament, leave your interesting work, and volunteer to row me over? I'll pay you in any number of kisses you ask, sweeter and heartier ones than you ever received in your life.

" Certainly, I'll take you over; but as to kisses, Mr. Judge, I don't want anything of that sort, particularly from such an old scrub as you."

" Oh! I suppose you have had rather a surfeit of that article lately. Has Jim-

" Now, Judge, if you want to go across just get in and sit still and be still! "

Judge Williams waited until they had got fairly out into the cur- rent of the river. Mary plied the oars as if she had seen sea service.

"Mary.

" Sir?

" Suppose I just turn this boat down stream, carry you off, and marry you; wouldn't it be a delightful plan? You would just suit me, and I would you. Certainly destiny always intended us for mates, and I suppose a little scheming would be excusable to gain such a lovely prize as you. Here we go, down the river to New Orleans, or elsewhere.

At this Mary's provoked spirit fairly glittered in her eyes. With in- tensity of emphasis she exclaimed:

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" You carry me off! You marry me! I would not have such a dried up old cracklin'. I wouldn't marry you if you were the last man on earth, and a woman couldn't get to heaven without a husband, and if you don't stop your nonsense and behave yourself, I'll pitch you head first into the river, and you may make as long a voyage as you please; but one thing is certain; you don't take me with you."

The Judge of course stopped teasing her at this, laughing heartily at her Amazonian threats; and rumor does not say whether he paid his fare in exchange on Cupid's bank or not.

C. J. McFarland, District Judge from 1854 till 1858 was a man of more than ordinary natural ability, and of fine personal appearance. He was ad- dicted to hard drink with deplorable frequency. This habit of his, together with certain natural peculiarities, have been the occasion of numerous an- ecdotes, a few of which are hereby related :

Many years ago, Judge McFarland-the hairy man of the West, as the Cincinnati Convention dubbed him-used to be a " power " up in the High Boone and adjacent counties. He dispensed justice, or rather. dis- pensed with it. During the time he thus adorned the bench, the late Gen. Samuel A. Rice happened to have a "case " in one of his courts, of which he used to relate the following:

The morning upon which the court was to hear and decide motions, "she " scarcely understood " herself," from the fact of " her " bibulous practices of the evening before, and indeed, until the " wee sma' hours be- yant the twal." In short, the court was in a very obfusticated and mud- dled condition, and decidedly cross-grained. One attorney after another submitted motions to his honor, all of which his honor summarily overruled without a moment of thought, or hesitation or investigation. At length Gen. Rice's turn came, when he arose and quietly remarked that he had a little motion to submit, which, however, was of no particular moment, merely to " serve a point," and that as his honor was overruling every- thing this morning he couldn't expect an exception to be made in his case, and would consider his motion in the same category. While he was re- peating something about the unimportance of the case, etc., the court leaned forward, extended " her" right hand, and shaking "her " long forefinger in the face of the speaker, decided the motion in the following terse and vigorous style:

"No you don't Sammy; no you don't Sammy; this hon'ble court has keerfully investigated that ere pint and your motion is sustained."

It happened that the motion covered the entire case, and of course Sammy won.

The reference in this anecdote to the court as in the feminine gender had its origin in an expression frequently used by Judge McFarland as follows : "If the court knows herself and she thinks she does."

In 1850, while holding court at the county seat of what then constituted Webster and Hamilton counties, by name Homer, in a log school-house without floor or ceiling an incident occurred which is worth relating. The judge appearing in the court-house a little in advance of the time for call- ing the court, found a newly elected sheriff, by the name of West, a very excellent old gentleman, but entirely unfamiliar with the duties of his office. To guard against blunders he asked the judge what he was to do when ordered to open court. The judge answered him by repeating what he was to announce in a loud tone of voice in front of the court-house.

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Fearing that he might, in the embarrassment of the first attempt, forget his lesson he requested the judge to write down the words. The official then dropped the paper in his hat on the table, at which sat Dan Finch and other attorneys. While the sheriff was momentarily out of the room, Dan abstracted the paper and supplied the hat with one of his own invention. It was not long till the judge ordered the sheriff to open court. This last named and self-important functionary rushed to the table, snatched the. paper out of his hat, hurried to the front door, and in a loud tone of voice announced :

" Hear ye! Hear ye! Hear ye! this mill is now open for work; all you who have grists to grind come forward.". " Hold on! Hold on! Hold on! what in the d-I are you doing shouted the judge?" I am reading the paper you gave me said the sheriff. By this time the judge happened to notice the bowed head of the jocular Dan, as if bent in prayer, whereupon he immediately took in the whole situation and proceeded with the busi- ness without further inquiry.

On one occasion D. O. Finch and a certain attorney were trying a case before McFarland. It was a warm afternoon and the trial was proceeding at a slow and tedious pace when the judge fell asleep. Finally Finch and the opposing lawyer got into a quarrel, concerning the filing of a certain motion, and the former, in rather loud and boisterous language was threat- ening to commit personal violence on the latter for alleged breach of pro- fessional faith in filing the motion. In the midst of the dispute the judge awoke, and starting from his seat informed the two quarrelsome lawyers that if " they didn't quiet down immediately he would lick h-1 out of both of them."

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The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 59

Author: Union Historical Company, Des Moines, pub Publication date: 1880 Publisher: Des Moines, Iowa : Union Historical Co. Number of Pages: 1074

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074