USA > Minnesota > Faribault County > The history of Faribault County, Minnesota : from its first settlement to the close of the year 1879 : the story of the pioneers > Part 66
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72
632
HISTORY OF
THE CLERKS.
The first clerk of the district court of this county, was John M. Jackson, Jr., of Blue Earth City, who was elected to the office October 13th, 1857, and he was also appointed to the office by the district judge, March 26th, 1858. He appointed Geo. B. Kingsley deputy, October 18th, 1858. He resigned the office January 3d, 1860.
Mr. Jackson came to this county in the spring of 1857, and "made a claim" near Blue Earth City. While a resident here, he was, for a while, engaged in the mercantile business, and was deputy postmaster for some time. He was a democrat in politics. He left the county at an early day, returning to his for- mer home, Peru, Indiana.
On the resignation of the office by Mr. Jackson, January 3d, 1860, Geo. B. Kingsley, on the same day, was appointed clerk by the county board. At the next general election, held in November. 1860, Mr. Kingsley was elected clerk, and served the full term. He appointed Wm. Dustin, deputy clerk.
GEORGE B. KINGSLEY.
George B. Kingsley was born in Delaware county, state of New York, on March 21st, 1831.
His father, Israel C. Kingsley, was an old resident of Delaware county, and engaged, for many years, in the trade of carriage and wagon maker. He had a family of eight children.
George B. received his education in the common district schools. He learned the trade of his father, commencing when quite young, and followed it for a number of years in his native state, and also in Minnesota.
Ile came to the West in 1854, and located at St. Paul in this State, where he remained until the next summer, when he removed to Shakopee, Scott county, in this State. Here he remained some three months, when he concluded to return to New York state, but stopped at Red Wing with relatives during several months. Here a town site company was formed to go up into the Lake Superior region, which he joined, but finally gave up this project. He then bought an interest in the town site of Carver, in this state, and went there with the intention of staying, but finally sold out his interest. In March, 1856, he met James B. Wakefield, and concluded to unite with him and others in the project of laying out Blue Earth City, and he came to this county in that month, and subsequently purchased a one-eighth interest in the town site.
Mr. Kingsley was the first justice of the peace and the first postmaster in the county. In 1957 he was elected a member of the House of representatives of the first State legislature. In 1860 he became clerk of the court, as we have seen before.
On the twenty-third day of October, 1862, he was married to Miss A. D. Nichols. They have had one child, a son, who is now dead.
Mr. Kingsley, in partnership with H. J. Neal, engaged for some years In the manufacture and sale of household furniture at Blue Earth City.
Having turned his attention to the law, Mr. Kingsley was admitted to the bar June 13th, 1870, and engaged, for some years, in the practice of law at Blue Earth City.
After the completion of the railroad to Blue Earth City, Mr. Kingsley, in company with several other persons, engaged in the warehouse and wheat buy- ing business.
HI. J. NEAL.
633
FARIBAULT COUNTY, MINNESOTA.
Mr. Kingsley has frequently been justice of the peace, town clerk, member of the board of town supervisors a number of terms, chairman of the board, a member of the city council, president of the council, and a member of the board of education, of Blue Earth City independent district.
Mr. Kingsley and wife are members of the Presbyterian church. His politi- cal relations were with the democratic party for many years, but afterwards with the prohibition party. His name appears frequently in this history in connection with public events.
Mrs. Kingsley, who has for some years been somewhat interested in literary pursuits, published, in 1887, an instructive and well written volume, entitled "Heart or Purse," which has been very kindly received and much commended.
Mr. Kingsley died at Blue Earth City January 8th, 1894.
John K. Pratt, of Blue Earth City, elected in November, 1864, next assumed the duties of the office in January, 1865, and held the office until his death. On his demise, James C. Pratt, of Blue Earth City, was appointed clerk by Judge Austin, in April, 1868.
John K. Pratt was a native of Ohio, born in 1837, and emigrated with his father to Wisconsin in 1844. Ile was married in 1857, and came to this county in 1858. He died in March, 1868.
His brother, James C. Pratt, was a Vermonter, born in that state April 23d, 1833. He emigrated with his father to Wisconsin in 1844, and came to this county in March, 1860. He was married to Miss Harriette Catlin, of Wisconsin, in August, 1861, and returned to this county the same year. Here he engaged in farming for some years, and subsequently removed to Blue Earth City and engaged in merchandising, which has been his business ever since.
Mr. J. C. Pratt appointed as his deputy, Henry J. Neal, of Blue Earth City, April 13th, 1868, who performed the duties of the office as deputy, until after the next general election, held in November, 1868, when he was elected clerk.
Mr. Neal was re-elected in the years 1872, 1876 and 1880. He was not a candidate for re-election in 1884. He served as clerk nearly seventeen years.
Mr. Neal was born in the old Granite State (N. H.), at Wolfborough, on the seventeenth day of May, 1834. His father, Harry Neal, was a farmer and land surveyor by occupation. He emigrated to Canada, where he remained a year or so, engaged in school teaching, and then removed to Niagara county, state of New York, where he died, when Heury was about eight years old.
Henry received his education in the common schools and learned the trade of wheelwright. He emigrated to Wisconsin in 1849, and engaged there some- what in the lumber business.
He was married in 1856 to Miss Esther B. Silliman. Mrs. Neal died Feb -. ruary, 1889. Mr. Neal came to this county in April, 1858, and settled at Blue Earth City, where he continued to reside until his death.
He enlisted in October, 1862, in the regiment of the Minnesota Mounted Rangers, and was with Gen. Sibley in the expedition against the Indians. In August. 1864, he again enlisted in Company "C," Eleventh (11) Regiment Minn. Infantry, and became first lieutenant of the company. He went south and served until the close of the war, being mustered out with his regiment in July, 1865.
On his return home he engaged in the manufacture and sale of household furniture, for some years. Ile was chairman of the board of town supervisors, held the office of justice of the peace for some time, and was a member of the
634
HISTORY OF
board of county commissioners nearly two terms, of which board he was chair- man in the years 1867 and 1868, and was clerk of the district court as above stated. After leaving the office of clerk, he engaged in the insurance and real estate business until May, 1891, when failing health required his retirement. Ile died January 27th, 1896, at Jacksonville, Florida, where he had resorted for Several winters on account of the mildness of the climate. Mr. Neal was a member of the Masonic fraternity for many years, and was always a republican in political sentiment. He was for four years chairman of the Republican Con- gressional Committee of the second district.
SECTION THREE.
THE PROBATE COURT AND THE JUDGES.
There is established, in each organized county in this State, a probate court, which is a court of record, having a seal. The pro- bate court has exclusive jurisdiction, in the first instance, to take the proof of wills, to grant and revoke letters, testamentary and of administration; to direct and control the conduct, and settle the accounts of administrators and executors; to enforce the payment of debts and legacies, and the distribution of the estates of intestates; to order the sale, and dispose of the personal and real property of deceased persons; to appoint and remove guardians, and direct and control their conduct and settle their accounts, and to take the care and custody of the persons and estates of insane persons, habitual drunkards and spendthrifts, on proper application. The court is invested by law with ample powers to execute its duties. This court is open at all times for the transaction of business, but a stated. or regular session, is held the first Monday of each month. Full and complete records of all the proceedings, orders and decrees of the court, are required to be kept. The judge of probate court holds his office for two years, and he is required to take an oath of office. and give an approved bond for the faithful performance of his duties. He is authorized to appoint a clerk of court. The judges were formerly paid by fees for their services, by the persons inter- ested in estates, but, by act of legislature, passed in 1875, it was made a salaried office. The judge of probate is also invested with the jurisdiction to hear informations, or complaints, as to insane persons, residing in the county, to direct their examination and commitment, if found to be insane, to the hospitals for the insane. And this is a most delicate, difficult. important, and, withal, a very unhappy official duty, and requires the utmost care and circumspec- tion, that no errors may occur, and no wrong may be done to any one. Summarizing briefly, it is sutticient to indicate the importance of this office, and the interest we each have in it. to say that our business and estates, whether much or little, are left, and often left very suddenly, and in much confusion, mainly, for final settlement
635
FARIBAULT COUNTY, MINNESOTA.
and disposition, when we cannot personally be present to explain our affairs or protect our rights, or the rights of those who survive us, to the ability, integrity and sound judgment of the judge of the probate court.
Jas. B. Wakefield, of Blue Earth City, was the first judge of probate of this county. He was appointed by the county board, April 6th, 1857, and was elected judge at the general election held in October of the same year. He resigned the office on the fourth day of November, 1857, and the office became vacant.
The first estate brought before the court was that of one Al- phonso Brooks, who was killed in a quarrel about a claim in October, 1856, a more full account of which will be found in the history of that year.
It was provided by the law in force in 1858, that "in case the judge of probate is unable to act, or if the office be vacant, then the said court must be held by the district attorney of the county.
W. W. Knapp, appointed district (now county ) attorney, April 5th, 1858, performed the duties of judge of probate, until the next general election.
At the general election held in October, 1858, Guy K. Cleve- land, of Winnebago City, was elected judge. He resigned the office January 2d, 1860.
Mr. Cleveland came to this county in 1857, or early in 1858. He was a law- yer by profession. He was elected representative in the State legislature for this district in 1859, and State senator in 1860, for two years. He subsequently removed to Mankato, where he became the proprietor and editor of a weekly news- paper, which he controlled for many years. He is now dead.
Wm. J. C. Robertson, of Verona, appointed by the county board January 2d, 1860, succeeded Judge Cleveland.
Mr. Robertson was born in Albany, state of New York, December 12th, 1806. His father was a mason by trade. He died when William was but four years old. When about sixteen years old, William was apprenticed to learn the blacksmith's trade, and he followed this occupation some thirty-five years. His education was obtained in the common schools of the county.
He accompanied his mother and family on their removal to Green county, N. Y., and from thence, in 1817, to Delaware county in that state. While here he was married to Miss Martha P. Maxson. He removed to Chemung, N. Y., and in 1844 he emigrated with his family to Fon du Lac county, Wisconsin, and re- mained there until 1857, in the spring of which year, he came to this county and settled on a farm in the town of Verona. He had, however, visited the county in the autumn of 1856, and looked out his location. Here he engaged in farming, until in December, 1862, when he removed to Blue Earth City, where he has resided ever since.
While in Wisconsin, Mr. Robertson was a town and county supervisor, and a justice of the peace, some thirteen years, and for a time postiuaster at Rock River. He has been a town and county supervisor, in this county, (in 1859 and 1860), judge of probate in 1860, as we have seen above, and sheriff of the county in 1864 and 1865.
636
HISTORY OF
Mr. and Mrs. Robertson have been for nearly half a century, members of the M. E. church. Mr. R. was, in the early part of life, a democrat, and his first vote for president was east for Andrew Jackson. He became a whig, after Mr. Van Buren's election, and when the republican party arose, he became a republican.
Mr. and Mrs. Robertson have had eight children, all of whom are living but two. Mr. Robertson died at Blue Earth City in 1887.
Amos Preston, of Elmore, elected in November, 1860, was our next judge of probate. Heretofore the business of the probate court had been very limited, owing the sparce settlement of the county, but it now began to increase and became considerable, during the incumbency of Mr. Preston. Judge Preston was re-elected for a second term in November, 1862. At the general election in Novem- ber. 1864, George Hart, of Delavan, (then Guthrie) was elected judge. but declined to accept the office, and Judge Preston held over until the next general election, November, 1865, when he was again elected and served until the close of 1867.
Mr. Preston was a New Yorker. He was born in Oneida county, March 16th, 1810. His father was a farmer. Amos was raised on a farm, and he was engaged in business as a farmer during life, though he was for some five years engaged quite extensively in lumbering in his native county, in connection with his farming interests. His education was such as could be obtained in the common schools of the time. At twenty-one years of age he struck out Into the world for himself. He was married in 1834 to Miss Marla Wilson. They have had nine children, three of whom are now dead. In 1852, the great California gold fever being at its height, Mr. Preston concluded to try his fortunes in that distant land and went there by sea. Here he remained about three years, and then returned home and emigrated from thence to Delaware county, Iowa, where he tarried about a year, and in 1857 came to this county. Here he took a claim, broke up some land and bought some timber during the summer, and in the fall he brought in his family, and remained here since. Mr. Preston was origin- ally a whig, but was a republican since the organization of that party. Mrs. Preston died in 1881. Mr. Preston never connected himself with the church, but his wife was a member of the Presbyterian church and four of his chidren are church members. Mr. Preston has frequently held town olllees and was for a number of years, a member of the county board of which .he was chairman in 1875. Ile sold out his property interests in this county in 1886, and went to Cali- fornia. He subsequently returned to Minnesota and resided with his son-in- law, Harrison Pratt, at Minneapolis, until his death, which occurred in 1885.
A. F. De La Vergne, of Winnebago City, elected in November. 1867, succeeded Judge Preston. He held the office until July, 1869, when he resigned and removed to the state of Iowa, where he has since died.
Judge De La Vergne was born in France, about the year 1816. Ile came to America when a child, to the state of New York. He came to Minne- sota and settled at Le Sueur, Minn., in territorial times. Ilo was a shoemaker by trade and subsequently a lawyer by profession, and practiced at Le Sueur. Ile was a member of the Lower House, seventh session, (representing the tenth district in the territorial legislature, which assembled January 2d, 1856. He became a resident of this county about 1864, locating at Winnebago City. 1Je was justlee of the peace of Winnebago City some four year -. He was elected
637
FARIBAULT COUNTY, MINNESOTA.
court commissioner of this county in 1867 and qualified. Judge De La Vergne was a married man, but his wife did not reside with him while he lived in this county.
After the resignation of Judge De La Vergne, J. A. Kiester, of Blue Earth City, was, on the second day of August, 1869, appointed judge by Gov. Marshall. Heretofore no permanent records in books, such as the law requires, had been kept of the proceedings of the court. The business and papers during the course of years, had greatly accumulated, and were in much confusion and disorder when the matter being called to the attention of the county commission- ers, the following resolution was adopted September 7th, 1869.
Resolved, That J. A. Kiester, Judge of the Probate Court, be and is hereby employed and authorized by this board, to arrange and file the papers pertain- ing to the several cases in said court, in proper order, and write up the minutes of the proceedings of said court, make the records required by law of the ap- pointment of executors, administrators and guardians, in suitable books to be provided by the county, and that for such services he shall receive such reason- able compensation from the county as may hereafter be allowed by this board."
By virtue of this resolution, and the provisions of the statute authorizing judges to complete all unfinished business of the court, the duties assigned in the above resolution were performed.
At the ensuing general election, held in November, 1869, Mr. Kiester was elected judge, and was re-elected in the years 1871, 1873, 1875, 1877, 1879, 1881, 1883, 1886 and 1888.
A brief biographical notice of Mr. Kiester will be found in an- other part of this work.
SECTION FOUR.
THE COURT COMMISSIONERS.
Some one who appears to have been a little irritated at the ac- tion of a court commissioner, writes in a paper:
"He was reduced to the ludicrous necessity of applying for his writ to that anomalous officer-a sort of mysterious fifth wheel of our judicial system-a court commissioner, for his writ. What a court commissioner is for, probably no one ever knew before. No one ever heard before of a court commissioner doing anything. The office is indeed created by statute. But no salary is at- tached to it, and it is usually filled by some obscure fledgling of an attorney who is learned in the law only hy a courteous professional fiction. The very existence of such an office is unknown to the great majority of people, except as they are reminded of it once every three years by seeing it figure on the printed tickets over the name of some one that nobody knows, as a candidate for its obscure and empty honors. It has been a popular mystery what was the use or functions of a court commissioner. It now turns out that his chief use is to do things in the judicial line which no court could be persuaded to undertake; to assume powers which the superior courts have uniformly decided to be beyond their province. 'For fools rush in where angels fear to tread.' "
638
HISTORY OF
By the statutes, "court commissioners shall be men learned in the law, and shall have and may exercise the judicial powers of a judge of the district court at chambers." More definitely stated, a court commissioner may grant writs of attachment, writs of in- junction, writs of habeas corpus, approve bail bonds, recogniz- ances, and appeal bonds in certain cases, and various other duties which need not be named here. He has also power to administer oaths and take acknowledgements. His term of office was, formerly, three years, and he is required to take an oath of office and give an approved bond in the sum of $2,000. He is required to keep a record of all proceedings had before him. By the act of August 4th, 1858, the powers of court commissioner were conferred upon the judges of probate. The law was soon changed, however, and the office was made a separate one. Yet from the fact that the two offices had been previously combined. the practice grew up in this, as in many other counties, of electing the judges of probate, as court commissioners. A very correct view of the true character of this office is stated in the following quotation:
"It is well known that the perquisites afforded by the position are incon- siderable-amounting, practically, to nothing at all, hence, on that ground, no one could desire to hold the office, but it is nevertheless, one of much responsi- bility, and requires special fitness in the incumbent. The duties are co-exten- sive with those of a District Judge-sitting at chambers, or in vacation, for the hearing and determining of applications and motions, and for the issuance of writs and orders-hence it will be seen that even though the place is not a lucrative one, the honor which it confers, and the responsibility which it de- volves, are very considerable."
At the general election held in November, 1860, J. A. Kiester was elected court commissioner, and on the third day of September. 1862, resigned the office. Geo. D. McArthur was elected to the office in November, 1862, but did not qualify. Amos Preston was elected in 1863, and George Hart was elected in 1864, and Reuben Waite, in 1866, neither of whom qualified, and the office remained vacant. At the general election of 1867, A. F. De LaVergue, of Winnebago City, was elected and qualified. Up to this time no bus- iness had ever been transacted by the commissioner, and there was but one transaction during the term of Mr. De La Vergne. The office soon became vacant again by the resignation of Mr. De La- Vergne. At the general election of 1869, J. A. Kiester was again elected to the office, and as the public convenience had come to re- quire that some one should hold the office and perform its duties, he accepted it. He was re-elected in the years 1872 and 1875, 1879 and 1882, and resigned the office in March, 1885, having held it over fifteen consecutive years. The court commissioner is paid by fees prescribed by law, and have amounted from 0, to as great a sum, in some years, as forty dollars.
639
FARIBAULT COUNTY, MINNESOTA.
SECTION FIVE.
THE COUNTY ATTORNEYS.
The county attorney is the law officer of the county, as the at- torney general of the State, and the attorney general of the United States are the law officers of the State and general governments. His general duties, as prescribed by statute, are to appear as at- torney in all cases where the county is a party, to give opinions and advice to the county officers upon all matters in which the county is interested; to attend all terms of the district court and other courts of criminal jurisdiction, and attend all preliminary examinations of criminals, when the magistrate so requests him, and furnishes him with a copy of the complaint; to attend before the grand jury and give them advice; draw presentments and indict- ments, examine witnesses, and issue process for witnesses; prose- cute all presentments and indictments, and attend all coronor's inquests, when requested.
He is required to take an oath of office, and give bond to the board of commissioners. He is paid for his services by salary fixed by the county board. His term of office is two years.
Prior to the admission of the State into the Union, the county attorney was named district attorney.
It may be well to observe that the supposition that "any lawyer is good enough for county attorney" is a stupid mistake. A negli- gent, dishonest or incapable attorney may involve the county in great expense and fruitless lawsuits, and, in the administration of criminal justice, may betray the county and the public, or utterly fail in the prosecution of offenders, to the great disparagement of the public peace and good order.
The first county attorney of this county was, probably, James B. Wakefield, who may have been, and very probably was appointed to that office, but no record evidence of the fact can now be found.
Wm. W. Knapp, of Blue Earth City, was appointed to the office by the county board, April 5th, 1858, and duly qualified, and acted in that capacity a short time.
WILLIAM W. KNAPP.
Mr. Knapp was a New Yorker by birth, and came to this county in 1857. He dealt somewhat in land, and was a school teacher, surveyor and attorney. After remaining for several years he went to Missouri, thence to Pike's Peak, and from thence to Idaho, and finally returned to the state of New York, to his old home, where he married, and then returned to Minnesota, and located at Faribault, Rice county, where he engaged in the hardware trade. From thence he removed, after some years, (in 1870) to Mason City, Iowa, where he resided at the time of his death.
He died January 29th, 1890.
640
HISTORY OF
The office soon becoming vacant, we find that Jo. L. Weir, of Winnebago City, was appointed attorney January 4th, 1859, and as- sumed the duties of the office.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.