in Jones county. He located on what was known as "Big Creek" in Linn
county, but he did not take possession of his rude cabin or claim until
in February, 1838, when he and his daughter, Sarah, moved onto the
claim and began housekeeping. He afterward built a grist mill on Big
creek or purchased one built by John Oxley which was swept away in the
spring of 1851, when Mann lost his life, refusing to leave his mill
which, he said, "was dearer to him than his own life."
Sally Mann is supposed to have been, if not the first white woman in
the county, at least one of the first, and many are the stories told of
Sally, or rather Sarah, Mann. She was more masculine than feminine in
her make-up and knew few of the customs and manners of good society.
She raised cats for a living and used to sell these at fancy prices to
the pioneer settlers. There was nothing attractive about Sally, for she
was noted more for her strength and endurance than for grace and
beauty. But even though Sally had very little to recommend her, women
were scarce in those days and the settlers were, perhaps, not so
particular as they later became, and on July 21, 1840, Sally Mann and
Aaron Haynes were duly married by John Crow, a justice of the peace.
Sally Haynes nee Mann, had many good traits of character. No one was
turned away from her door hungry and she would help neighbors with any
kind of work if necessary. The western life appealed to her, as it had
to the members of her family, and when settlers came thick and fast she
and her husband left for the far west in order, it was said, that they
could breathe the pure air of the frontier. It was always thus.
"'Tis not the fairest form that holds
The mildest, purest soul within;
'Tis not the richest plant that holds
The sweetest fragrance in."
Gabriel Carpenter, a native of Lancaster, Pennsylvania, was born in
1801. He arrived in Cedar Rapids in 1852 and invested all his funds in
500 acres of land in what has now become the heart of the city. Various
additions in this city have been named in honor of this early real
estate owner, who devoted all his time in the upbuilding of this city
until his death in 1881. Mr. Carpenter saw many hardships in his early
career in life, but with great perseverance overcame all. The first
lumber he used was hauled by oxen from Muscatine. He became early
interested in various enterprises in the city. He always gave liberally
of his means to all worthy objects and assisted in advancing all public
enterprises which he believed would prove a benefit to the city. His
widow, Mrs. Maria Carpenter, born in 1820, is still living and resides
in this city, honored and respected by all.
Dr. S. D. Carpenter was born in 1826, and is a son of Gabriel
Carpenter. In the early fifties he came to Cedar Rapids and located
here for the practice of medicine. He soon gave up medicine for the
more exciting and more lucrative vocation of railway building, banking,
and handling of real estate. He now resides in Chicago.
John E. Kurtz was born in Lancaster county, Pennsylvania, in 1817,
emigrated to Iowa in 1847, and became one of the founders of Lisbon. He
was for more than half a century a well known farmer, merchant, and
miller. In early life Mr. Kurtz was a whig in politics, later going
over to the republican party. A large number of his descendants still
reside in this county.
Peter D. Harman was a native of Adams county, Pennsylvania, where he
was born in 1816. In 1840 he came to Iowa City, locating in Linn county
two years later. Mr. Harman assisted in the building of the state
capitol at Iowa City, and also in the erection of the first court house
in Linn county. In his day and generation Mr. Harman was considered one
of the most skillful stone and brick masons in this part of the
country. He died in Bertram township in 1896, and is survived by a
number of children who are residents of this county.
[Illustration: AT OLD SETTLERS' REUNION, MARION]
[Illustration: A PARK SCENE IN MARION]
Barnett Lutz came to Linn county in 1839 and was one of the best known
of the old settlers. At the time of his death in 1901 he was one of the
oldest pioneers in the county. Mr. Lutz was a true pioneer, and did
much in building up the new country.
C. J. Ives was not a pioneer settler in Linn county, but he was a
pioneer in developing railway properties in the state. Mr. Ives was a
native of New England, coming to Lee county in 1847, drifting into
mining in Colorado, and not till 1862 did he turn his attention to
railroading. He was for a number of years president of the B., C. R. &
N. railway, which he developed into one of the best paying railway
properties in the west. He resigned when that road was absorbed by the
Rock Island system. Mr. Ives during his long residence in Linn county
was deeply interested in the welfare of his employees, and in the
upbuilding of Cedar Rapids. He was also interested in banks, electric
light companies, and other large enterprises. He was a practical
business man, capable and forceful, with a mind ever active in planning
and executing great things. He was universally respected by his
employees, and never forgot in word, act, or deed that he was only an
associate and not a superior. No railway official at the time of his
death a few years ago had more friends among the railroad men than Mr.
Ives.
David W. King, the founder of Kingston, settled in Linn county in 1839
when Indians were numerous and the white settlers scattered. Mr. King
was a native of Westmorland county, Pennsylvania, who went to Michigan
early and from there drove an ox team across the country to Iowa,
entering land on the west side of the river, which land is now a part
of Cedar Rapids. Mr. King operated the first ferry across the Cedar
river and had to obtain his material for the erection of the same from
Dubuque and Muscatine, all of which was hauled in wagons across the
country. The cable used in operating the ferry was of wire, which was
brought from Dubuque on horseback. The town of Kingston he platted in
1850. Mr. King was a real promoter, who early comprehended the future
of Cedar Rapids. In order to induce people to locate on the west side
of the river he was liberal and public-spirited, giving away many lots
for factory sites and other enterprises. He passed away in 1854 at the
age of forty-six, just at a time when he had attained to a prominent
place as one of the leading citizens of the town, in the promotion of
which he had devoted all his time and versatile talents.
Robert Smyth, who died in 1898 at his home at Mount Vernon, was in many
respects one of the most enterprising men in Linn county. Born in
Ireland in 1814, and emigrating to America in 1834, he drifted into
Linn county in 1840 and soon became an extensive dealer in real estate,
as well as a banker, and during all his life took an active part in
politics. He was a member of the Sixth Territorial legislature in
1843-44, a member of the state legislature in 1846-48. Mr. Smyth was
also paymaster of the United States army, disbursing more than
$10,000,000.00 during his term of office. In 1868 he was once more
returned to the state senate where he served for four years, and in
1884 served another term in the house. He was also delegate to many
state conventions, and outside of the late Charles Weare knew more of
the public men of Iowa than any other man in Linn county. Mr. Smyth was
a brother of William Smyth, the well known jurist, who died a member of
congress from this district.
Edward M. Crow, by some people believed to be the first actual white
settler in the county, was born in Orange county, Indiana, in 1816 of
ancestors who had previously emigrated from North Carolina. John Crow,
the father, came to Linn county to the neighborhood of Viola in 1838,
and there he died in March, 1841. It is thought that Ed Crow crossed
the Mississippi river in 1837 and on July 4th laid claim to a tract of
land on section 13 in Brown township. Thus, it would seem, that Abbe
preceded him by several months. In company with Crow at that time there
came Harrison Crow, a brother, as well as James Dawson, who built
cabins on what is now known as Crow's creek near Viola. They also put
up a little hay that fall. Thus, while these were among the first
settlers, it must be conceded that they did not precede Abbe, Haskins,
or Hahn in locating in Linn county. Ed Crow, it is true, was one of the
early settlers and well known, a typical pioneer, but he was not the
first settler, although he arrived in the historic year of 1837, when
the white settlers were beginning to move into the territory not yet
vacated by the red men.
In mentioning the men who were factors in the upbuilding of Iowa,
Theodore S. Parvin should not be omitted. During his residence in Linn
county he devoted most of his time to the upbuilding of a unique
Masonic library. He was known throughout the United States as one of
the leaders of that order. Mr. Parvin's love of collecting together
many things was only one of the many sidedness of a remarkable
personage. Mr. Parvin was born in Cedarville, New Jersey. Educated in
the east, he drifted west to Cincinnati and there met Robert Lucas,
recently appointed governor of Iowa Territory. Mr. Parvin had been a
teacher and had been admitted to the bar so he was well qualified for
his mission as secretary to the governor. After coming to Burlington
Mr. Parvin was United States attorney, clerk of the federal court,
registrar of the state land office, and for many years professor and
regent of the State University of Iowa. During all these years he
lectured and wrote much. He died June 28, 1901, one of the most widely
known and most honored men in the state. "Steadfast in faith, without
trace of cant, he walked the ways of life with simple trust in the
Infinite wisdom and passed to his death relying on the guidance of an
unseen hand," says his biographer.
Julius E. Sanford was one of the platters of the city of Cedar Rapids,
and was a wide-awake, enterprising young man who for a while was in
partnership with N. W. Isbell. Mr. Sanford was a native of Connecticut
and was well educated on coming west where he took up the practice of
the law and engaged in real estate. He removed to Dubuque in 1845,
where he died in 1847, leaving a widow, Henrietta E. Sanford, who in
1848 married David Wilson. She died in 1898. Perit Sanford, who figures
in early real estate transfers, was the father of Julius Sanford, and
heir of the estate, as the son died without children.
Thomas Craig was an old settler in Linn county, and one of the best
known men in the community. Mr. Craig was odd in some ways. He wore a
white overcoat and had a fondness for horses. He was a stanch
Methodist, and at times would be reprimanded, for he refused to lead in
prayer. Mr. Craig died many years ago, respected and honored by all
with whom he had come in contact. One of his daughters was married to
N. B. Brown and another to Jesse Beechly, who recently died in his old
homestead in Franklin township.
Dr. Eber L. Mansfield was born in Canaan, Ohio, in 1821. He received a
classical education and also took a medical course later. On leaving
home his father gave him a horse, saddle-bags, and an outfit, and he
started out for himself. He taught school in Kentucky and then came
overland on horseback to Iowa in 1847, crossing the Cedar river near
the lower bridge. He was assisted by W. W. and M. A. Higley, two young
men who later became his friends and fellow workers in the upbuilding
of Cedar Rapids. The gold fever of 1850 took the doctor away from his
practice, and by August, 1850, he had arrived at the gold diggings. On
the way he had made money, as he doctored a great many who were sick
with fevers. He purchased two teams and did teaming from Sacramento to
Shaw's Flats for about two years when he got tired and sold out,
returning by way of Panama and New Orleans. He came back to Cedar
Rapids, which city remained his home until his death. Dr. Mansfield was
one of the best known and most successful physicians of his day and
generation. He invested in city real estate, in bank stock, and was
stockholder in insurance companies. His was a rugged, strong character.
He early saw the possibilities of the city, and was one of the first to
invest in its real estate. He erected brick buildings in the heart of
the city which are now owned by his children, and are very valuable.
William Rogers, a native of Ohio, where he was born in 1830, came to
Linn county and settled in Rogers Grove in the early forties. Mr.
Rogers was an enterprising man and was one of the first to erect a saw
mill and to raft lumber down the river to Muscatine in order to find a
market for it. In an age when straw sheds were common he went to work
and erected one of the best and largest barns in the country. In this
barn he stacked his grain and threshed it by walking the horses over
it, the wheat dropping through the floor to a floor below where it was
cleaned. Mr. Rogers died many years ago, one of the best known men in
southern Linn county. His widow, Elizabeth McNie, is still living,
making her home with her son, James M. Rogers, of Fairfax township.
Chandler Jordan, born in 1820 in the state of Maine, came to Linn
county in 1844, where he made his home until his death a short time
ago. Mr. Jordan was a lifelong member of the Baptist church, which he
supported and in which he was an active worker all his life. He was
interested in the public schools, and in public affairs in general.
Jordan's Grove is named in honor of this sturdy old pioneer.
G. W. Matsell, for many years a resident of Buffalo township, where he
owned some 2,000 acres of land which he purchased at an early day, was
a well known character in New York city in the old days of Tammany
Hall. He was chief of police and a prominent politician for many years
till the breaking up of the party with which he was closely associated.
Then he came here where his family still resides. Mr. Matsell of course
spent much time in New York, where he had financial interests, but he
liked the west and enjoyed the summers in Iowa. He was a democrat of
the old school, but never entered into the game of politics after
coming west, having had his fill of it in the New York political ring
for many years.
The Matsell home was a hospitable one and many were the people George
Matsell entertained during his residence in Iowa. Visitors came from
all over the country, for he was well known. Mr. Matsell entertained
royally and knew how to entertain. The history of New York city cannot
be written without the mention of G. W. Matsell, police chief, a member
of the Committee of Seventy, and a well known character for many years
during the stormy days of the Civil war. His son still resides on the
old homestead.
Robert Safely was a native of Scotland. He emigrated to New York at the
age of fourteen. He saw the first engine to run with steam in the state
of New York. For many years Mr. Safely was master mechanic for the old
B., C. R. & N. system, and was a familiar figure on the streets of
Cedar Rapids up to the time of his death, a short time ago. Mr. Safely
was an expert mechanic and up to the time of his death was interested
in everything pertaining to mechanical science.
Many of our earlier citizens only remained here for a shorter or longer
time and left for other parts where they later attained to prominence.
Who does not remember W. H. Ingham, one of Kossuth county's pioneers,
who lived in this county in 1850 and for five years was engaged in
surveying and locating lands for early settlers? Judge Thomas Burke, a
noted character of Seattle and now wealthy, tried his luck at the law
here waiting for clients who never came. When Mr. Burke was picked up
by J. J. Hill on the coast then every one wanted this once briefless
barrister as his legal adviser. Bishop C. C. McCabe lived here for a
number of years, and no one had any idea that the rollicky, fun-making,
joking young beardless lad in the employ of Judge Greene and others
would develop into a great lecturer and a Methodist bishop. Dr. J. T.
Headley, of lecture fame, practiced medicine here in the late sixties,
and was a quiet, unassuming man, who minded his own business and
devoted days and nights to books and science. Here lived for some years
the eloquent divine, Rev. Fawcett, a person of great eloquence and
force of character who left Cedar Rapids better for having lived in it.
One cannot forget Rev. Elias Skinner, now living in Waterloo, also a
Methodist minister of force and eloquence who at various times lived in
Linn county. Rev. Skinner, despite his eighty-three years, is well and
hearty and can relate many things which occurred in this county in the
fifties and sixties. He writes as follows:
"I think Linn county is about the very best county in Iowa.
Five different times I had my home in old Linn. I never did
anything worthy of special mention at either time. In each
of the four places where I lived I blundered into doing
things which I would rather not have recalled. So please
excuse me. I write with pencil because I can't guide a pen.
"Yours,
E. SKINNER."
COL. DURHAM TO THE OLD SETTLERS--ADDRESS BEFORE ASSOCIATION.
AUGUST 1902
_Ladies and Gentlemen of the Old Settlers' Society_: In calling this
assemblage to order I wish to say to you all, to the new-comers, the
strangers who honor us with their presence, that, in the name of our
society, we bid you a most hearty welcome and say as a good hostess
would, come again.
Many of you I knew in territorial times, when we were seeking and
establishing new homes, in the far new country beyond the Mississippi,
and aiding in our humble way to lay the foundation of the present
famous commonwealth of Iowa. The first settlements were made along and
near the Mississippi river. There were but two counties, Dubuque and
Des Moines, and the country was called the Black Hawk Purchase. The
purchase negotiated with the Sac and Fox Indians, by General Scott and
Governor Reynolds, at the close of the Black Hawk war, consisted of a
strip averaging about fifty miles wide, beginning in the northeastern
part of the state and running to the north boundary of Missouri, though
not on a straight line, at a point fifty miles west of the river. It
was under the jurisdiction of the territory of Michigan, and was
represented in congress, as a territorial delegate, by George Wallace
Jones.
In 1837 a few townships in the northwestern part of this county were
surveyed by a surveyor general deputy named Haight. And soon thereafter
Edward Crow and a few other adventurers came. Their only roads were
fragments of Indian trails. They were delighted with the country and
the smooth, polished surface of the unbroken prairie in all the
grandeur and sublimity of its primeval state. Sages have sung of the
charms seen in the face of such solitudes and I would say that I never
felt nearer the great Creator and Ruler of the universe than when in
regions before untrod by civilized man, where the forces of nature
reigned supreme, and no sounds broke the silence except the hoo-hooing
of owls, the drumming of pheasants, the bugle notes of the swan, the
quacking of smaller fowls, the barking of prairie wolves, and in a
timbered country, the hungry, desolate howl of the large wolf, and
sometimes, though seldom, the piteous wail of the panther. It's no
wonder that Moses retired to the top of a distant mountain with the
roar of thunder and the flashes of lightning beneath him to talk with
God.
In 1838 another strip of country was acquired from the Indians,
embracing the remainder of Linn county. Possession was given in 1839,
when a continuous immigration commenced, which dates back to the coming
of many of the families represented here today, our respected secretary
among them, and not long after that our treasurer. Previous to its
organization in 1839, Linn county was, with Jones county, attached for
judicial, revenue, and election purposes to Jackson county. In 1838 the
territory of Iowa was struck off from Wisconsin, Robert Lucas was
appointed governor by President Van Buren, and William Wallace Chapman
was elected first delegate to congress, with both of whom I was
acquainted in the constitutional convention in 1844. Governor Lucas was
a Virginian by birth, though raised in Ohio, where he had served as
governor. He was one of nature's noblemen, not for pomposity and fine
equipage, but for all the traits that make up true manhood--modesty,
courage, honesty, integrity, patriotism, and morality.
[Illustration: COURT HOUSE, MARION]
[Illustration: WAPSIE RIVER AND MILL Built in the '50s at Central
City]
Soon after the organization of the territory the Missouri war began.
This related to the boundary line between the two states. It lasted
some time, but like the Ohio and Michigan war, was bloodless, though a
good deal of patriotism and red tape and military titles were shed. The
trouble was finally settled by the surveyors and the courts.
In 1839 Linn county was organized. The first officers were John C.
Berry, commissioner's clerk or auditor; Hosea W. Gray, sheriff; Dr.
Tryon, clerk of the court; Luman W. Strong, Samuel C. Stewart, and
Peter McRoberts, county commissioners. Squire Strong was a potential
factor in all Linn county affairs. Mr. Stewart was distinguished for
his piety. His wife was a sister of those sturdy pioneers, the Scott
brothers. In 1840 the territory contained 43,000 inhabitants; Augustus
C. Dodge was elected delegate to congress, and George Greene a member
of the territorial council, or senate, to represent Cedar, Linn, and
Jones counties. In 1841 the remainder of Linn county was surveyed by
the United States deputies, with all of whom I was acquainted and in
their camps--but chiefly with Mr. Welden.
After these surveys were made, claim-making and improving and trading
became very lively, and the ratio of immigration increased all the
time. There was more disturbance and trouble and fighting about claims
than from all other causes put together. I will give only a few
instances of the many with which I am acquainted. A man by the name of
Wolcott, near Mount Vernon, had his claim entered. He reported it to
the claim association. They sent a committee of three men to the
intruder and demanded that he should release and cancel his purchase,
which he refused to do. Whereupon they procured a conveyance and told
him that he must go to Dubuque with them. Knowing the settler's law was
against him, he made no further resistance, but went before the
register and receiver, cancelled his entry, and his money was returned
to him. The matter came up shortly after that before the grand jury at
Marion on the charge of coercion and kidnapping. Samuel Hunter, Sr., of
Hunter's Cross Roads, was one of the jury, Joseph Williams was judge,
P. W. Earle, clerk, and Nathan Peddycord, of Yankee Grove, was another
juryman, and I was foreman. William Abbe and Squire Waln of Mount
Vernon were witnesses. Robert Smith was secretary of the claim
association and Oliver Day or Allison Willits president. No bill was
found and the matter stopped and never reached the supreme court.
Another claim case originated in the Dry Creek country, and came to a
climax in a rather exciting way. There were a number of us attending an
Indian banquet and pow-wow at a place called Wick-i-up Hollow, near the
Cedar river, two or three miles south of the Oliphant and Ashlock
neighborhood. The regular guests were seated in a semi-circle in the
wick-i-up; we were only callers. The exercises consisted of short
talks, chants and choruses, each keeping time with a deer's bladder
dried and filled with air and some buckshot in it to make it rattle,
all accompanied with the music of a sort of home made fife. The banquet
or dinner to follow was being cooked by the women. It consisted, as far
as I could see, of dried venison, stewed dog meat, beans, and pancakes.
Before the dinner was ready some of our party went outside and renewed
a quarrel that had been pending for some time about their claims.
Pretty soon the lie was passed, and it was immediately followed by a
blow, and directly five or six were in the fight all at once. The
struggle and angry shouts of the combatants frightened some of the
Indian women who were near and they ran screaming away. This broke up
the exercise in the wick-i-up and the braves rushed out, thinking that
their women were being misused, for a brave man will always resent an
insult to his wife. The fight so disrupted everything that we left
without waiting for dinner, especially as some had to withdraw for
repairs. The Chambers were in it. William Garrison and some of the
Nations were in it, but not Carrie with her little hatchet. John Hunter
and, I think, Dyer Usher, were there, but not in the fight. The case
came up before his honor, Aaron Usher, a justice of the peace, who
fined some of the participants $1.00 each, which ended the litigation
and the claim dispute.
The last claim case I will mention was of much greater magnitude, and
out of it originated the Bill Johnson war, in which several lives were
lost, including one Indian. It began in Buchanan county. William
Bennett and a man purporting to be Bill Johnson of the Canadian patriot
war were the principles in the extensive trouble. Bennett was an
enterprising, public-spirited man and had a quantity of workmen and
retainers helping build the first grist mill at Quasqueton, on the
Wapsipinicon river. He was a man of sturdy muscular frame, swarthy
complexion, dark eyes, strong jaws, a man who would be a good friend or
a bad enemy. Johnson was older, tall and angular, with black bushy
hair, on whose lips shone no smile, under whose brow lurked treason,
stratagem, and spoil. I became acquainted with Johnson in a rather
romantic way, which you will excuse me for relating, as it shows some
of the perils and hardships incident to the settling of a new country.
On the 12th of November, 1842, a deep snow fell and remained till the
next April, with additions during the winter. It has always since been
called the hard winter of 1842 and '43.
During the winter my friend, Anderson Chambers, later a prosperous
business man of Muscatine, and I had been up in the country between the
Wapsipinicon and the Volga. The snow drifts were so deep and the day so
dark that night overtook us several hours ride from any human
habitation. Before dark we went into a little scattering timber on a
small stream and under the bluff hitched our horses to a bush. We found
some dry poles and got some dry rotten wood out of a tree, scraped away
the snow with our feet, and with the aid of a flint and some tow and
powder, we managed to start a little fire. Matches were not then in
use. We cut some brush and laid it on the ground, spread one horse
blanket on that to lie on, and with another to cover us and our saddles
for pillows, we slept through the long night until daylight, when we
resumed our ride. About the middle of the forenoon we came in sight of
an improvement in the edge of the timber, and I knew by the smoke that
so gracefully curled that a frontiersman's log cabin was there. We went
into the house, which was neat and clean, and told them of our hard
experience during the preceding night and day. They kindly sympathized
with us and soon made us comfortable. It proved to be Bill Johnson's
place. Kate Johnson and another young lady, Miss Kelso of Davenport,
were there. They busied themselves about setting us up a fresh, warm,
ten o'clock breakfast. I relished it more than any other breakfast I
ever ate, the zest of which was no doubt heightened by being served by
so charming a hostess, and me a susceptible bachelor, too.
Johnson explained his being there in this wild region by saying that he
had participated actively in the Canadian patriot war against the
Dominion of Canada, that the attempted revolution had failed, that he
had lost all his property by it, and had been driven and chased all
through and among the Thousand Islands of the St. Lawrence river in his
boat with his daughter Kate, that a reward had been offered for him,
that he had given up all hope of success and determined to seek safety
and quietude by coming to this country. All this seemed plausible, as I
heard the brave deeds of the patriots rehearsed in song and poetry. But
in escaping that trouble he ran into the jaws of another at the outset.
It seemed that in coming into a strange neighborhood, instead of making
the people his friends by conciliation and prudent conduct, he got into
trouble at the start by taking possession of the claim of one of the
Bennett party. They remonstrated and he promised to pay for the claim,
but never did, though Johnson claimed that the trouble was about the
location of the county seat. Not long after I was at his place, after
giving him notice, they determined to oust him. They took him out in
the brush and gave him a very severe flogging, loaded him and all his
belongings into sleds and sent him out of the country. He applied for
aid at Marion and Dubuque, and Surveyor General Wilson, a New Hampshire
man, took him and his daughter Kate to Iowa City, in his fine Boston
made sleigh, to interest Governor Chambers in his behalf. When the
hostilities came to an end, the result was disastrous to both parties.
Bennett became a fugitive and his mill building was stopped. Johnson
was shot. Kate found her a loving, trusting husband. Hosea Gray made
considerable money out of it; Ormus Clark, the first permanent settler
of Central City, spent a lot of money for defense, and Colonel Preston
laid the foundation of his splendid fame and fortune as an attorney
from it.
The public land sales had been advertised for this winter and the
people were illy prepared to go to Dubuque to enter their claims on
account of the deep snow, some for scarcity of clothing, and all for
scarcity of money. Many had saved their last 12-1/2 and 6-1/2 cent
silver coins and their 5-franc pieces to make up the necessary sums. In
view of the difficulties in the way, a mass meeting was held, and
George Greene was appointed a special agent to go to Washington City
for the purpose of having the land office removed to Marion. He went
and saw the commissioner of public lands; he saw Stephen A. Douglas,
chairman of the committee on public lands, and President Tyler, and
came back with an order for the temporary removal in his pocket, which
I doubt if any other man could have done. He stood luminous among all
the bright men who first settled in Linn county, or the territory
either. The people of Linn county, and of Cedar Rapids especially,
should ever remember his labors and efforts in those early days which
brought them prominence and prosperity. All now acknowledge Linn county
to be without a peer and Cedar Rapids is the best interior city in the
state, except Des Moines with its immense coal beds.
The land office was located in the first, and then only brick house in
Marion. Judge Berry afterwards dispensed boundless hospitality in it.
It was built and owned by William H. Woodbridge, or "Democ Woodbridge,"
a very enterprising young man. He was one of five from this county who
enlisted in the Mexican war. He was with Scott's army of invasion and
the Mexicans "welcomed him with bloody hands to a hospitable grave."
Another of the five, Major McKean, as he was then known, who was a
member of the first constitutional convention in 1844, and later a
brigadier general in the union army, lies buried in the Marion
cemetery. Another of the five, Captain Sausman, who gallantly bore the
flag at Chepultepec, died in California. Captain Gray is alone, and
alive and likely to be, as you would think if you could see him running
an intricate surveyor's line through a section. The fifth one, Samuel
D. Thompson, is with us amply provided for in his declining years by a
munificent government, in recognition of his military service in nearly
all the wars since the time of Anthony Wayne, and as the old song says:
"There is no more work for brave old Joe.
He's gone to the place where all good soldiers go."
The land sales drew large numbers from all the surrounding country, and
made lively times here. Joseph F. Chapman and Oliver S. Hall, Sr.,
hotel keepers, flourished. Those who had the money got titles to their
lands, and those who had not still held their claims until such time as
they could enter them at private sale. In the spring the land office
was moved back to Dubuque.
In 1844 the first constitutional convention was held at Iowa City. The
constitution failed of ratification. In 1846 another convention was
held and the state fully admitted under that with our present
boundaries. Iowa was then the most western state, and a line drawn
south from Sioux City, its western limit, would have run further west
than any other state or territory, except Texas, which was annexed the
year before. It now occupies a conspicuous central position in the
American union, and a leading one in agricultural productions. It is
honored with two members of the president's cabinet and the most
influential member of the American senate.
After our acquisition of California the waves of emigration westward
began, sweeping over the great American desert, as it had been called,
planting agriculture and industry in its path, forcing its way through
the mountain passes and over the sun-dried plains, to the Pacific ocean
at the Golden Gate, where floats the commerce of oriental Asia.
"No pent up Utica contracts our powers;
The whole of this boundless domain is ours."
When I look in the faces of this multitude I see before me but few who
were men and women grown when I first came here. Some of you
gray-haired ladies and gentlemen were then, as the Indians called them,
petite squaws or skinneways. Your fathers were Niseshin Shomoko men.
But I think scarcely more than a dozen are now living in this county
who were then men and women. And
"I feel like one who treads alone
A banquet hall deserted,
Whose music is hushed, whose guests are gone,
And all but me departed."
[Illustration: ISAAC BUTLER Pioneer Resident of Springville]
CHAPTER XX
_Early Linn County Lawyers and Courts_
BY JUDGE MILO P. SMITH
Fifty years ago the judiciary of this county, as well as of the entire
country, was quite different from what it now is. There were but two
terms of court in a county, and Linn being a large county, terms here
lasted about two or three weeks. In the smaller counties, one week or
less was sufficient for the transaction of all the business. The grand
jury was composed of fifteen men instead of five or seven, as at
present, and twelve out of the fifteen had to concur in order to find a
bill of indictment. At present the concurrence of a less number than
the whole is sufficient. The members of the grand jury selected their
own clerk from their own number. They had no authority to act on the
minutes of the examining magistrate, but it was obligatory on them to
have the witnesses before them, and to examine them personally.
There was no official shorthand reporter to take down the evidence on
the trial of cases in court. If the attorneys desired to perpetuate the
testimony, or any part of it, they either wrote it down in long hand
themselves, or selected some outside person to do it; generally some
young lawyer. And sometimes the judge would make the only minutes of
the trial that were kept. From these imperfect notes, however taken,
the judge was required to determine what should go to the supreme court
when he came to settle the bill of exceptions: no easy task. When court
opened on the first day of the term--which was done with great
outcry--the judge at once empaneled the grand jury, and then proceeded
to make what was called a "preliminary" call of the calendar, at which
cases that were not for trial were dismissed, continued, marked
settled, or otherwise disposed of. When that call was completed, he
then made the "peremptory" call, and all cases that were for trial were
then disposed of as they were reached. There was no assignment of cases
for trial as now practiced, but the lawyers had to be ready in each
case when reached.
Court week was generally regarded by the people as a sort of a picnic
or holiday, and they came in from the country for several miles around
to hear the lawyers spar with each other, and catch the "rulings of the
court." The court room was generally packed with listeners. Then
political meetings were generally held during that week when everybody
was there and lawyers ready to do the speaking; and they furnished fine
entertainments indeed.
The bar of Linn county in the early fifties was an unusually strong
one, said by some to be the strongest in the state. There were Judge N.
W. Isbell, Judge Isaac Cook, Judge George Greene, Judge William Smyth,
and Col. I. M. Preston. A little in the rear of the above worthies were
N. M. Hubbard, R. D. Stephens, Wm. G. Thompson, J. H. Young, Thomas
Corbett, and J. W. Dudley. Except Judge Greene and J. W. Dudley, all of
these persons lived in Marion.
N. W. Isbell, the first county judge in this county, was selected by
the legislature in 1855 as a member of the supreme court, and filled
the position with honor and credit to himself and the state for several
years, and was afterwards appointed judge of the district court during
the Civil war, but resigned both positions on account of ill health. He
was a very learned man and a profound lawyer. He greatly enjoyed the
investigation of legal questions, possessed an acute and analytical
mind, and one richly stored with the results of historical and general
reading. In the practice he was not partial to jury trials, much
preferring the presentation of legal questions to the court. He had
quite an aptitude for affairs, and became successful as an enterprising
railroad builder, projecting the old "Air Line" Railroad, the pioneer
of the present route of the C., M. & St. P. Railway across the state.
He left a comfortable estate to his family, dying about the year 1865.
He was of small stature and insignificant in appearance, but with a
large head, though small features. Indeed he very much resembled the
Hon. Wm. H. Seward in face, head, and stature. He was rather of an
irascible temperament and consequently easily thrown off his
balance--but no member of the bar was more highly respected than was
Judge Isbell for uprightness, honesty of purpose, general intelligence,
deep reading in general literature as well as in the law; and his
blameless life made him a beloved citizen.
I omit further mention of Judge Greene as there is elsewhere in this
work a lengthy sketch of him.
Isaac Cook was born and raised in eastern Pennsylvania and became the
possessor of a sound education as a basis for the legal studies he
afterward pursued. He served quite a while on the district bench, and
was there noted for the care, time, and fairness he devoted to the
cases he was called on to hear and decide. His mind was not so quick or
rapid in its movements as some others, but it was very accurate in its
conclusions. He was a fine chancery and corporation lawyer, and no
better pleader ever drew a petition than Judge Cook. He was for many
years toward the close of his life general counsel for the predecessors
of the C. & N. W. Railway Company and the Iowa Railroad Land Company in
the state of Iowa. Though he had an office first in Marion and then in
Cedar Rapids, he always lived on his farm just south of the former
place, in a plain, comfortable brick house. He was a broad shouldered,
stock-built man of a dark complexion, and chewed an immense quantity of
tobacco. He had, we believe, more practice in the supreme court of the
United States than any other lawyer in Iowa in his day.
William Smyth, first county attorney of Linn county, was appointed
judge of the district court to succeed Judge J. P. Carleton about the
year 1854, when he was but thirty years of age. He was regarded as an
ideal judge. He was of Scotch-Irish descent, and had received a
thorough education when young. His education was perhaps more thorough
than broad, owing no doubt to his early surroundings. His legal lore
was as near exact and profound as was possible, and covered completely
the whole circle of legal learning. One who knew him well said, that in
commercial law, the law of real estate, and in pleading, he had no
superiors and but few equals in the state. He was a trial lawyer in the
fullest sense of that term. Careful in the preparation of his cases,
methodical in the introduction of his testimony; and in his
presentation of his client's cause to a jury, his arguments were close
and convincing, logical if not eloquent. He was, perhaps, after his
retirement from the district bench, generally regarded as the head of
the bar of the county. His knowledge of the affairs of the nation, and
the principles of our government was most exact and comprehensive. For
wealth of general information, profundity of legal learning, and
urbanity of manner and dignity of deportment, he was not surpassed by
any man in the state. Indeed he was early recognized as one of the
leaders in affairs as well as of the bar of the state. He and the firm
of which he was a member had the largest practice and the best
clientage in the county. His practice extended to many of the
neighboring counties, such as Benton, Tama, and Iowa, where he had
local partners, and where he attended the terms of court. He was a
valuable member of the committee that revised the laws of the state as
embodied in the Revision of 1860. He was offered a place on the supreme
court bench but declined it. He was a delegate to the Republican
National Convention at Chicago in 1860--having been a democrat before
the slavery question gave rise to the republican party, he naturally
sided with Governor Chase, whose political path led in the same
direction as his own, and gave that statesman his earnest and
persistent support in the convention, voting for him to the last as his
choice for president. He was a formidable competitor of Governor James
W. Grimes when the latter was elected to the United States senate in
1858. In 1868 he was elected to congress from this district and died
while such member in 1870, at the early age of forty-six. Of all that
goes to make up a first rate man and citizen--intelligence, ability,
industry, perseverance, honesty, and morality, he was in full
possession, and enjoyed the confidence of the people to a greater
degree than any other citizen in the county. He was patriotic and brave
and served during the war of the rebellion as colonel of an Iowa
regiment, and while so serving, he contracted the disease that caused
his early death. He was the fortunate possessor of a splendid frame,
being nearly six feet in height, and had a large, well formed head--his
carriage erect and movements stately and deliberate. He was a model
christian gentleman, courtly and polite, with a winning personality. He
too was a man of affairs and left a comfortable estate to his family.
Colonel I. M. Preston, born in 1813, was in many respects a remarkable
man. Thrown on his own resources when quite young, he learned the trade
of carpenter and joiner, but read law while working at his trade, was
admitted when about thirty years of age, came to Marion, opened an
office, and at once took a position in the front rank of trial lawyers.
He was particularly successful as a criminal lawyer. He possessed a
very quick, subtle, and keen mind, and was remarkably resourceful in
expedients in the trial of cases. Some lawyers were better pleaders
others more learned in the law, but none more apt in furnishing the
facts to fit the case, and but few, if any, excelled him in marshalling
those facts in his presentation to the jury. In time he acquired great
fame throughout the state as a lawyer and public speaker. He was early
appointed district attorney for the district in which he lived, and in
1846 was commissioned by Governor Clark colonel of an Iowa regiment of
militia. He also served as county judge of Linn county, and at
different times served in both branches of the legislature. He was the
father of Judge J. H. Preston and E. C. Preston, both members of the
bar, and residents of the city of Cedar Rapids.
N. M. Hubbard, later known as Judge Hubbard, was certainly the most
brilliant and noted lawyer that ever lived in or graced the bar of this
county. He was appointed in 1865 judge of the district court, and
served till January 1, 1867. With a mind keen, bright and luminous, a
sound understanding, a rich store of observation, an unparalleled
command of language, a readiness in repartee, and unlimited power of
invective, he was unsurpassed by any man in the state, and by but few
in the nation. He was for thirty years general attorney for the C. & N.
W. Railway Company in Iowa, and upon his death left a generous estate.
Hubbard's early partner, R. D. Stephens, while a good lawyer, was
certainly a past master in finance, and was better known as a banker
than lawyer. He established the First National Bank at Marion, and the
Merchants National Bank in Cedar Rapids. He died several years ago,
quite wealthy. Both Hubbard and Stephens came to Linn county from the
state of New York in 1854. In the political campaign of 1856, Hubbard
edited the _Linn County Register_, predecessor to the _Marion
Register_.
Major J. B. Young was probably the possessor of the best education of
any of the lawyers of his time, and was a well read lawyer, a strong
advocate, careful and painstaking, but unfortunately possessed an
irritableness and quickness of temper that was not calculated to
advance the cause of his client in a law suit. He died when
comparatively young, when on his way home from California where he had
gone on account of his failing health.
W. G. Thompson, better known as Major Thompson or Judge Thompson, still
resides here at the ripe old age of eighty-one. But few of the present
generation know all there is about Judge Thompson. Born and reared in
the state of Pennsylvania of Scotch parentage, with a fair academical
education, admitted to the bar when a little past twenty-one, he came
to Linn county in 1853, and at once leaped into prominence as a lawyer
and politician. In quickness of mind, versatility in extremity,
readiness of retort, flashings of wit, volubility of speech, touches of
pathos, flights of eloquence, and geniality of disposition, and
popularity with the masses, he had no superior in eastern Iowa, if he
had an equal. It has been said of him that he could sit down to a trial
table in a case of which he had never before heard, and try it just as
well as though he had had months of preparation. He has been county
attorney, state senator, presidential elector, major of the Twentieth
Iowa Volunteer Infantry, district attorney, chief justice of Idaho,
member of the legislature, member of congress, and judge of the
district court. And in filling all of these positions, he has served
the people faithfully and well. And in private life and as a
practitioner he has surely been "a man without a model and without a
shadow."
J. W. Dudley lived in Cedar Rapids as Thomas Corbett did in Marion.
They were both careful, pains-taking, and judicious lawyers, not
particularly noted in any special respect, but safe, sound, and
trustworthy. They have both been long since dead.
J. J. Child and I. N. Whittam were also members of the bar in the early
'50s. They both lived in Cedar Rapids. Judge Whittam was noted for his
industry, care and patience in regard to any matter in which he became
engaged. He did not claim to be a man of mark or a great lawyer, but
certainly acquired and retained the confidence as an advisor of many of
the best citizens in Cedar Rapids and vicinity.
J. J. Child, long since dead, was said by those who knew him best to be
one of the best lawyers in the state. Though not an advocate, his
learning in law was wide and deep, and no client ever made a mistake in
following his advice. Unfortunately his habits of life seriously
impeded the good results that could have flowed from such a prolific
source.
After these, came others to fill their places, but the most of them are
here now, and have received special reference and personal mention in
these pages.
The entire state in 1857 was divided into twelve judicial districts,
with one judge in each district. Accompanying the act was the
constitutional provision that new districts could not be created
oftener than one new district in four years. Within about ten years the
business in court became so congested that relief was necessary and was
sought in all directions. Finally, in 1868, the legislature passed a
circuit court bill, which by its terms divided every district into two
circuits and provided a judge for each circuit. The circuit court had
concurrent jurisdiction with the district court in all cases at law and
in equity, and sole jurisdiction in probate matters and in appeals from
justices of the peace, but it did not have jurisdiction in criminal
cases. The same legislature abolished the county court that formerly
had jurisdiction of probate matters. In further defining the duties and
powers of this court, the law created what was called a general term,
to which all appeals from, and application for the correction of errors
by the district and circuit courts would lie. The personnel of that
court consisted of the judge of the district and the two circuit
judges, and it sat twice a year. In this district one of the sessions
was held in Marion and the other in Iowa City. The district comprised
the counties of Jones, Cedar, Linn, Johnson, Benton, Iowa, and Tama.
The first three counties constituted one circuit, and the latter four
the other one. The limitation of the right to appeal when the amount in
controversy was less than one hundred dollars was then passed. An
appeal finally lay from the decision to the general term of the supreme
court. When a case was decided at the general term, the judge to whom
it was referred for a decision wrote out the decision in an opinion as
the supreme court judges do, but the opinions were not reported in the
books.
[Illustration: PUBLIC SCHOOL AT SPRINGVILLE]
The next legislature materially changed the law. It abolished the
general term and consolidated the two circuits, cutting out one of the
judges--each court retaining the jurisdiction it had--and provided for
appeals directly to the supreme court.
Then in 1886, the constitution of the state was radically changed by a
vote of the people so that the limitation on the number of judicial
districts and number of judges was removed. The circuit court was
abolished, the office of district attorney was abolished, and that of
county attorney created. There was a prosecuting attorney for each
district before. The legislature then created as many districts as was
thought necessary, and as many judges to a district as were deemed
sufficient to transact the business. This law is still in force. This
became the new eighteenth judicial district, composed of the counties
of Linn, Cedar, and Jones, with three judges.
The first district judge for Linn county after the adoption of the new
constitution in 1857, was Hon. William E. Miller, of Iowa City, and
Isaac L. Allen, of Toledo, was elected district attorney--this in 1858.
Allen was afterwards attorney general of the state.
Judge Miller was well equipped for the position. With a thorough common
school education, and having been a practical machinist when young, and
with strong common sense, he had a naturally good judicial mind that
had been improved by careful study and years of practice in the law. He
came to the bench an intelligent, fair, and courteous judge. He
resigned in 1862 and entered the Union army as colonel of the
Twenty-eighth Iowa Volunteer Infantry. He afterwards served as circuit
judge and finally as supreme judge of the state. From the resignation
of Judge Miller till January 1, 1867, the district bench was graced in
its occupancy by Judge N. W. Isbell, C. H. Conklin, and N. M. Hubbard.
Judge Miller was a broad-shouldered, short, squatty fellow, and though
a good lawyer and jurist, he was an indifferent advocate, and not
particularly strong as a trial lawyer.
Judge Conklin was probably the most scholarly, accomplished and
profound lawyer that ever sat on the district bench in this part of the
state. His home was in Vinton, and while he lived among the people
there he did not seem to be of them. He was a strong, tall, raw-boned
man, always carefully dressed, with a most marked intellectual face,
and he was certainly one of the most eloquent advocates that ever stood
before a jury in eastern Iowa.
Judge James H. Rothrock, of Tipton, was elected judge in 1866, and
served on the district bench till in February, 1876, when he was, by
the governor, appointed to a seat on the supreme bench, which position
he filled for over twenty years, when he voluntarily declined a further
renomination. He, too, entered the Union army in 1862 as lieutenant
colonel of the Thirty-fifth Iowa Volunteer Infantry, and served with
credit till sickness compelled him to resign and come home. Judge
Rothrock was not a learned man in the sense of having a college
education or having possessed an extensive breadth of general reading
in history or science, nor was he fluent of speech, or particularly
adroit as a practitioner, but he possessed naturally good judgment, a
most thorough common English education, a good knowledge of the law and
its basic principles, a sound understanding, with an innate sense of
justice. He was patient and even tempered, dignified, and kind. He made
a splendid _nisi prius_ judge. His opinions were always plain, couched
in good strong Anglo-Saxon, terse and sound, and will long bear the
close and sharp criticism of posterity. Whenever he announced a
principle of law, it was accepted without dispute as the law on the
point involved. Judge Rothrock was a large man of fine physique,
impressible presence, and very genial when off the bench.
The Hon. John Shane, of Vinton, succeeded Judge Rothrock on the bench
of this district in 1876 and served till 1882, when he resigned on
account of ill health. He possessed a much better education than did
Judge Rothrock, and the scope of his general reading was not only
broad, but judiciously directed. He loved the law for the very sake of
it and never tired of investigating its ofttimes hidden mysteries. He
was well liked as a judge, was convivial and sociable to a degree.
The judges who have filled the position on the district bench since
Judge Shane's retirement are many and able, but can scarcely be said to
belong to the olden time.
Of the few circuit judges that held court in this county, we can say
that they graced the position they filled with ease, but they belong
rather to the present time than to the past age. But Judges Yates,
McKean, and Hedges will long be remembered by the older inhabitants as
capable, learned, and upright judges.
In the palmy days of the lawyers and judges described, the law
libraries were meagre and the books few. There are probably now a dozen
law libraries in the county, any one of which contains more books than
were in the county in 1860, and there are some that contain twice or
three times as many. The practicing attorney was then thrown more upon
his own resources, and compelled to depend more on his own power of
analysis and discrimination than at the present time, which doubtless
made them stronger, more self-reliant, and resourceful. And the judges
were called upon to decide rather how the law should be than how it had
been pronounced to be by some other tribunal, which was no doubt
strengthening to them.
CHAPTER XXI
_Chatty Mention of Bench and Bar_
The history of any community is not complete without a sketch of the
members of the bar, for in the Temple of Justice every phase of human
life is seen. "Here one hears the cry for vengeance and also the kind
pleadings for mercy." The members of the bar, especially in the early
day, understood public opinion and discovered what men truly were and
not what they were reputed to be. At this early day the lawyers were
the tribunes of the people. They were men of brilliant intellect and of
intense passions, and in trials which created universal interest in the
sparsely settled community they swayed the minds and hearts of their
hearers in a remarkable degree. It was an age of oratory, and Linn
county in that day had its quota of brilliant intellects who remained
here for a shorter or longer period of time and in no small degree
assisted in the upbuilding of the county and the state.
In order to make this sketch as brief as possible, and in an endeavor
to picture the men as they were, we shall attempt to give a little of
the humorous side of their characters and follow in the footsteps of
Channing who said "anecdotes are worth pages of biographies."
Many of the early members of the bar were men of education and
refinement, possessing a snappy humor that set courts and juries
roaring. Many a long day's trial was brightened by some sally of native
wit fresh from the frontier. These men were active in politics, were
promoters of steamboat lines, stage companies, and paper railroads,
who, in course of time, became legislatures, judges, and financiers.
They all labored for the upbuilding of the infant state, where they had
invested all their surplus means, having faith in Iowa's future. In
every way possible they tried to upbuild its infant industries.
Linn county was set off by act of legislature in 1837, while Iowa was
then a part of Wisconsin Territory. In August Governor Lucas set off
Johnson, Cedar, Jones and Linn counties in one legislative district.
The attorneys from Linn county who appeared at Iowa City at the July
term, A. D. 1847, were Isaac M. Preston, John David and William Smythe,
all of whom became noted lawyers before that body later. The judges on
the bench at this time were three well known Iowa jurists: Williams,
Wilson, and Kinney.
The first court was held at Marion October 26, 1840, presided over by
Joseph Williams, who had been appointed to the judgeship July 25, 1838.
At this term of court, according to the records, there were present
District Attorney W. G. Woodward for the federal government, R. P.
Lowe, prosecuting attorney, H. W. Gray, sheriff, T. H. Tryon, clerk,
and L. Mallory, marshal of the district. On the first grand jury sat
Israel Mitchell, founder of Westport, who had been appointed probate
judge on January 16 of the previous year. The first justices in the
county were: H. B. Burnap, John G. Cole, John M. Afferty, John Crow,
William Abbe, and Israel Mitchell. Some of the first county judges
were: Norman Isbell, Dan Lothian, J. Elliott, A. H. Dumont, and J. M.
Berry.
During these early days there were two terms of court, one in January,
and the other in June. The cases brought involved small amounts, but
for the number of inhabitants of the county there was a great deal more
litigation then than now. Some of the early lawyers in Marion and Cedar
Rapids were: I. M. Preston, J. E. Sanford, N. W. Isbell, Isaac Cook,
Henry Harman, William Smyth, J. J. Child, Joe B. Young, Dan Lothian,
C. M. Hollis, J. David. N. M. Hubbard, R. D. Stephens, Tom Corbett,
George Greene, Israel Mitchell, D. O. Finch, A. S. Belt, John Mitchell,
G. A. Gray, and C. L. Murray.
Among the attorneys in practice during the early '50s in Cedar Rapids
were the following: Henry Lehman, E. M. Bates, C. V. Tousley, J. J.
Child, R. G. Welcher, D. M. McIntosh, T. J. Dudley, Jr., A. Sidney
Belt, and Dan O. Finch, the latter being also editor of the
_Progressive Era_. In 1861 came J. Munger and N. R. Graham, and during
the next year Edward Stark, who formed a partnership with A. S. Belt.
In 1862 came W. A. Dodge. During the early '60s George Greene and I. M.
Preston were in partnership, Greene having an office in Cedar Rapids
and Preston in Marion. Hubbard and Stephens were in partnership in
Marion in the early '60s, Stephens running the law business while
Hubbard went to "the front."
The attorneys locating here in the '50s and '60s were engaged in
railway promotion, in politics, and in booming towns, although they did
not neglect banking and fire insurance. There were towns which had two
or three lawyers in the early day which have none now, which would
indicate that litigation in the early days was more profitable than
later. In conversation with a number of the old lawyers this has been
told, that the land business was the best paying law business during
the pioneer days. It is also stated that much of the litigation in the
early days was to defend horse thieves and other criminals. How true
this is the writer does not know.
In the early days there was a class of people called "Terrorists"
causing the settlers much annoyance and trouble. They were a band of
looters who came along to scare people by reporting threatened Indian
attacks, and when the settlers had fled to a place of safety others of
the band came along and looted the abandoned houses. The "Copperhead"
movement also extended into this county during the early period of the
war, and more or less litigation grew out of this excitement.
Among some of the well known lawyers of the pioneer days of this county
who have played a more or less prominent part at the bar, in politics,
and otherwise, may be mentioned John David and J. E. Sanford, who came
to Iowa in 1840. They were both bright men and had an exceptionally
large practice in land titles. Any examiner of abstracts in this county
will find Sanford's name frequently as holding much of this land, also
that of H. W. Sanford, a relative. Thomas Corbett came from the east in
an early day, was one of the characters at Marion, and became a well
known attorney, removing from Iowa in a short time on account of his
health. He became a hero soon after he married a well known lady in
Marion whose people were well to do. As Corbett had nothing but brains
for assets, one of the brothers of the bride did not like this marriage
and came to the house of a friend just after the wedding with a party
of young fellows to horsewhip the groom, who was not a very large man,
but an active one. The groom was not at all backward about meeting his
antagonist and gave him a thrashing to such an extent that he had no
cause to forget it very soon, much to the enjoyment of the crowd who
all took Corbett's side. It was not long until Corbett displayed great
ability as an attorney, and became financially successful as well.
Norman W. Isbell located in Marion in 1842, being a native of Ohio. He
served as county judge, in which position he rendered excellent
service. In politics he was a whig, but when the slavery issue sent
that neutral party out of existence, Judge Isbell became a republican.
In 1854 he became a partner of N. M. Hubbard, which partnership
continued up to about 1860, with the exception of the time when he held
office. In 1855 he was elected supreme judge of the state, resigning in
1856 on account of failing health. In September, 1862, upon the
resignation of Judge William E. Miller, Governor Kirkwood appointed
Judge Isbell to fill the vacancy on the supreme bench. He was elected
at the expiration of the term, but resigned in 1864, removing to
California on account of illness, where he died of consumption the
following year at the age of forty-six. All the members of the bar
proclaim Judge Isbell one of the keenest lawyers who ever practiced in
this county, at least in that day. His applications of legal principles
were sound and his illustrations apt and catchy. He was not a great
jury lawyer in the true sense of the word, and perhaps not as well
known among the masses as many others, but among the legal fraternity
Judge Isbell was looked up to as a safe lawyer and most excellent
judge, who by hard study had attained to high rank among the jurists of
this state. His son, N. G. Isbell, practiced a short time here, but
removed to Michigan where he died many years ago, before reaching
middle age.
[Illustration: METHODIST CHURCH, SPRINGVILLE]
[Illustration: HOME OF J. F. BUTLER, SPRINGVILLE]
Another lawyer of much ability and universally respected was Isaac
Cook, a native of Chester county, Pennsylvania, who located in Palmyra,
Missouri, in 1844, and later practiced law in Dubuque, and also in
Marion, removing to Cedar Rapids in 1848. He was elected to the bench
in 1857. Judge Cook was of a quiet turn of mind, a man who never gave a
sidewalk advice which he had to take back. He was elected the first
city attorney in Cedar Rapids in 1850, and was tendered a banquet upon
his resignation from the bench in 1858. He was also the first president
of a republican club organized in Linn county. Judge Cook died in 1878,
honored and respected by all who knew him.
John Mitchell came from Maine in 1853, entered Judge Isbell's office,
and was admitted to the bar in 1857. He was later a partner of Judge
Smythe and Judge Lothian. Mitchell died a few years ago, one of the
oldest practitioners in the county.
R. D. Stephens was born in New York in 1829, and came to Marion in 1855
without means, but with a splendid training and with a lively interest
for business. He entered the law office of Isbell & Hubbard, later
becoming a partner of Judge Hubbard. Mr. Stephens at an early date
became interested in politics, and later became famous as a commercial
lawyer and financier. He died in Cedar Rapids as president of the
Merchants National Bank, and was rated one of the wealthiest men in the
county. His son, R. D. Stephens. Jr., is now a practicing attorney in
Chicago.
Joe B. Young was born in 1832 in Pennsylvania, and was admitted to the
bar at Iowa City in 1853. He located in Marion and was prosecuting
attorney in Linn county, a member of the legislature, and later a
member of the state senate, and for a time pension agent for the state
of Iowa. Joe Young was cross and crabbed in the court, frequently
opposed the judge, as well as the opposing counsel, and displayed on
many occasions bad temper, not to such an extent, however, that he ever
lost sight of his client's interest or his case. He was a stubborn
legal fighter and was recognized as a great lawyer who never gave up
until he had exhausted all his resources. He died in 1876, one of the
best known attorneys in eastern Iowa, universally acknowledged the
greatest wit and the most sarcastic in retort of any man who practiced
at the bar. He saw only one side of a case and that was his side and he
always maintained that, backed up by proof, there was no other side.
Even in church matters he differed with the majority, and organized a
new church, paying for it himself, so as to have things his own way. He
was a most signal man in his profession, always a student, and seemed
to know everything which would likely reveal where motives start and
where the secret springs of conscience were in a long drawn out law
suit.
D. M. McIntosh was a native of South Carolina, and located in Cedar
Rapids in the '40s. He was small of stature, with a ruddy face and long
hair, making an imposing figure in the court room. He possessed
considerable legal ability, had many friends, and was one of the best
known men in Cedar Rapids. He died in 1859, mourned by a large circle
of friends, who for years remembered how this brilliant son of the
south had on many occasions lighted up the dull path of the law with a
glow of fancy and spiced his remarks by the charm of frontier oratory.
Colonel J. M. May was another attorney who was well known in Cedar
Rapids, and who located here at an early date, and after him May's
Island is named. He was erratic and wasted a large fortune in
litigation with his relatives and neighbors over rights of various
kinds. He died in Cedar Rapids a short time ago.
I. N. Whittam was another of the pioneer lawyers who died a few years
ago, having located in Cedar Rapids in 1854. He assisted Judge Greene
in getting out "Greene's Reports of Iowa." He was in continuous
practice up to the time of his death.
Ellsworth N. Bates, coming to Linn county in the early fifties, was
quickly known as the silver tongued orator of the Cedar Valley. He was
the first city attorney, appointed in 1856, at $20.00 a year. He served
till 1860. Mr. Bates won fame and honor as a lawyer and editor, and
being a person of tact and force of character, he won many friends. His
glowing tribute to the men who built the railway, at the June
celebration in 1859, gave him prestige as a great orator. Mr. Bates
enlisted in the Civil war and died from exposure a short time
afterwards.
George Greene, who died in 1880 at the age of sixty-three, was one of
the best known men in Iowa at the time of his death. Born in England,
Mr. Greene educated himself in Buffalo, studying with George P. Baker.
In 1838 he came to Davenport and began to make a geological survey of
Iowa. After he had worked for six months at this kind of work, which
was not at all congenial, he located in Ivanhoe, Linn county, and
taught the first term of school in that vicinity. In 1840 he was
admitted to the bar at Iowa City, locating later at Marion, where he
began the practice of law. The next year he was sent to the
legislature. Here he became acquainted with the prominent men of the
state, and as the law business was not flourishing he removed in 1845
to Dubuque, and while nominally in the practice he became editor of the
_Miner's Express_, which was then one of the nourishing papers of the
territory. Three years later he formed a partnership for the practice
of law with J. J. Dyer. In October, 1847, Judge Wilson resigned his
office of associate justice and the governor filled the vacancy by
appointing George Greene, who from that day to the day of his death
became a figure of importance in politics as well as in financial
affairs in Iowa. Judge Greene was a man of marked ability, having had
excellent opportunities and being possessed of untiring industry. In
1848 he was elected one of the supreme court judges by the joint vote
of the two houses of the General Assembly and served for six years from
January 15, 1849. During his term of office he reported the decisions
of the court. These decisions were published in four volumes and are
known as "Greene's Reports of Iowa." In 1851 Judge Greene removed to
Cedar Rapids, where he engaged in banking and where he was one of the
most active citizens in persuading manufacturers to come to this city.
He was instrumental in securing the Chicago & Northwestern, and the
Burlington, Cedar Rapids & Northern Railways to pass through Cedar
Rapids. In politics Judge Greene was a democrat until the Greely
campaign, when he became a republican. Few, if any, have done so much
among the early settlers in securing capital to be invested in Iowa.
Judge Greene travelled much and personally knew many financiers in this
country and in England, many of whom invested much funds in farm lands,
town lots, in bonds, and stocks, in Linn and adjoining counties. After
locating in Cedar Rapids Judge Greene had a number of partners. While
he, himself, did not devote himself actively to the law business, the
firm generally had a large practice. He was in partnership with Judge
Hubbard, Cyrus Benley, A. S. Belt, and with Judge Dudley.
A. Sidney Belt was a southerner by birth, a person of much ability, of
engaging manners, and well known in his day throughout Linn and
adjoining counties.
Colonel Isaac M. Preston was born in Bennington, Vermont, in 1813, the
son of a revolutionary soldier. He learned the trade of cabinet-making.
At an early age he drifted west, remained for awhile in Ohio, and
finally located in Marion in 1842, where he began the practice of law.
Three years later he was appointed district attorney, serving two
years. In February, 1846, he was commissioned colonel to organize
troops for the Mexican war. He served as probate judge of Linn county
for four years. He was appointed by President Polk, United States
attorney for Iowa in 1847. In 1850 he was elected to the house of the
Third General Assembly, and after serving one term was elected to the
state senate where, during four years in the Fourth and Fifth General
Assemblies, he was one of the most prominent legislators of that body
and took an active part in the enactment of the Code of 1851. Colonel
Preston had more litigation in his day and generation than any one
person in this and adjoining counties. He was strong before a court,
tactful and invincible before a jury, and especially in the defense of
criminal cases he had no superior. The bar of Linn county during the
early days was one of the strongest in the state, and Colonel Preston
during his long and active practice before the supreme court, held a
high place and was recognized as one of the leading attorneys of
eastern Iowa, a position to which he early attained and which he
continuously held up to the time of his death.
William Smythe was born in Tyrone county, Ireland, in 1824. He
emigrated with his parents at the age of fifteen to America and located
in Linn county in 1840. He studied law at Iowa City, and in 1848 opened
an office in Marion. In 1853 he was appointed judge of the fourth
judicial district, serving four years. In 1858 he was chosen by the
Seventh General Assembly one of the three commissioners to revise and
codify the laws of the state. This work was accepted by the legislature
and became what is known as the "Code of 1860." Judge Smythe was also
appointed upon a commission of legal inquiry, and was one of the
commissioners to negotiate bonds by the state to provide a war defense
fund. He served two years in the army as colonel of the Thirty-first
Iowa Infantry. In politics Judge Smythe was a republican, and from the
beginning of his legal career he took more or less interest in
politics. In 1868 he and Judge Hubbard were the republican candidates
for congress, a campaign which was waged with much bitterness, so much
so that friend turned against friend and neighbor against neighbor. It
is said that a few days after Hubbard's defeat he met a shoe-maker on
the street who had been a former friend but who had been persuaded to
vote for Smythe, and Hubbard said to him, "Jack, you will not need to
buy any bristles any more, just reach your hand over your shoulder and
you can pull them out of your back, for there is nothing about you but
a hog anyway."
After Judge Smythe's nomination William Leffingwell was put up by the
democrats to beat him, Leffingwell being one of the noted orators of
the state, but Judge Smythe was victorious. He attained to a high place
as lawyer and as a constructive statesman. He possessed a profound
intellect, was popular among the masses, and a just and honorable man.
He passed away when he had just reached middle life, one of the ablest
and most versatile men in Linn county at the time of his untimely
death.
Judge N. M. Hubbard, who was a unique character and one of the best
known men in Iowa for many years, was born in Oswego, New York, in
1829, the son of a Methodist minister. He was reared on a farm and
began life as a blacksmith, although later he obtained a university
education. Judge Hubbard located in Marion for the practice of his
profession in 1854, later removing to Cedar Rapids. In February, 1856,
he was a delegate to the state convention which met at Iowa City, where
he helped to organize the republican party. During the war he assisted
in organizing the Twentieth Iowa Volunteer Infantry, in which he was
chosen a captain, serving under General F. J. Herron. In March, 1863,
he was promoted to judge advocate and served in the army until he was
breveted major in 1865. This year he was appointed district judge,
resigning after having served a year, to accept the position of general
attorney for the Northwestern railroad in the state of Iowa.
The sayings of Judge Hubbard would fill a book of many pages, but many
of them would need to be sterilized before put into type. Many of these
witty remarks are still repeated during a lull in the court room when
stories take the place of dry facts. He was truly an original
character, not only as a political manager of a great political party,
but as railway counsel, and as a person who filled a large place in the
political arena of Iowa for many years. A few of these sayings may give
the reader an idea of the man as he really appeared during these years
of his political and legal career in Iowa.
At one time being asked how a new assistant behaved who had been
appointed local attorney for the railroad of which Hubbard had charge,
he replied, "Tim is a real bull in a china shop; what he don't smash he
dirties."
Speaking at one time of a technical lawyer, he added, "here is my
friend J, he is so technical that he will fall all over a crowbar to
hunt for a pin and not even see the crowbar, mind you."
While judge on the bench, some pompous doctor who was a witness asked
leave to go home to look after his patients, and the judge quietly
replied. "You had better stay here so as to give your patients a chance
to get well."
At another time an attorney who had formerly been governor got the
worst of it in Hubbard's court, and he appealed to him as a man and
friend, saying that the judge evidently must have forgotten that he
held his position due to his appointment while governor. Judge Hubbard
coolly replied, "Yes, I remember that very well as being the only
decent act of your term of office," and went on ruling against him as
he had before.
On a hot June day Hubbard was trying a case against John Weare, one of
the old pioneer bankers of this county. There was a lull in the
proceedings, and as the jury was walking out of the court room Weare
pulled out a large red handkerchief to wipe the sweat from his brow,
when Hubbard in his peculiar articulation, for which he was noted,
piped out, "John, it makes you sweat to tell the truth, don't it?" The
crowd laughed, and the cutting sarcasm was never forgotten or forgiven
by the aged banker, who was at the mercy of his old antagonist.
During one of the many political campaigns a Des Moines paper accused
Hubbard of giving away five hundred tickets to delegates. He was asked
by a friend about this and Hubbard replied. "That is a lie, I gave away
eleven hundred tickets this year, that is all."
During the Parrott fight for the governorship of Iowa, Hubbard at first
supported his old friend, but when he saw the turn affairs were taking
he suggested that Parrott withdraw, but the candidate refused, adding
that he had so many delegates pledged, and furthermore felt that he had
Providence on his side. Hubbard simply replied, "Well, you can take to
Providence and I will take to Shaw."
While arguing a case before the supreme court, the opposing counsel had
pounded the table a great deal during his lengthy argument. When he
concluded, Judge Hubbard arose to reply in the following little speech:
"I am strong. I can pound this oak table to pieces for I have been a
blacksmith in my time, and I will pound this table into splinters if
you say and if it will help me to win this suit." He went on in this
manner until the members of the court laughed, and even the opposing
counsel saw the ridiculousness of his performance.
[Illustration: METHODIST CHURCH, PALO]
[Illustration: SCENE AT SPRINGVILLE]
During one of his last appearances in court he was called by the
opposing counsel an "old mossback who might have been a great lawyer,
but that was many years ago." When the lawyer concluded all eyes were
turned on the old judge. As he arose to reply he said: "True. I am old
and not what I used to be, and I suppose I am fast getting to be an old
mossback." Then he went on telling of the old lawyers he had known at
the bar in Iowa in the early day. He spoke of the methods of the old
advocates, and of their bitter political fights, then added, "They
never tried to bolster up a witness, defraud an antagonist, or
blackmail a client as they do now, and if the real up-to-date lawyer
must do such a thing in order to become great and prominent, then I
thank God I am an old fogy of a lawyer and belong to the former
generation."
Judge Hubbard at one time abused Bill Harper most unmercifully in a
suit, and Bill Harper threatened that he would maul Hubbard into a dish
of jelly at sight. The judge one day appeared in court shortly after
the trouble, when Major Thompson said, "Judge, Bill Harper is looking
for you." The judge looked around, for he feared Harper, and not seeing
him, replied in somewhat of a gusto, "I saw him in the park and if he
had done anything to me, he would never have been Bill Harper at all,
he would have been dead."
At another time while the judge was defending a railroad company in a
damage suit involving a large amount of money a colored man had sworn
positively to facts in a case which everyone thought he knew nothing
about. In the trial of the case the judge turned to an old friend, and
a "Copperhead," saying, "I am glad there are some Copperheads here; I
fought to free the nigger. I stood up to be shot at, now, by gosh, I am
a Copperhead. A man who will swear in court like that nigger did today
ought to be a slave and should never be free."
Judge James H. Rothrock was a native of Pennsylvania, and as a mere lad
removed to Ohio where he acquired his education at Parker's Academy and
at the Franklin University. He was admitted to the bar at Greenfield,
Ohio, removing to Tipton, Iowa, in 1860. He was elected to the house of
representatives in 1861 and was elected speaker pro tem. He entered the
army as lieutenant, and upon his return from the army formed a
partnership with Judge W. P. Wolf, which lasted until he was nominated
for judge of the eighth judicial district in 1866. He performed
services as judge in that district with ability and impartiality. He
was serving his third term when he was appointed to the bench of the
supreme court.
A few stories may be related of Judge Rothrock which in a way
illustrate his wit and exemplary character:
Judge Rothrock had been trained in the general principles of law and
did not go much on statute law. At one time he was one of a committee
to examine a number of persons for admission to the bar, and a young,
bright fellow seemed to have committed to memory much of the statute
law of the state, but knew nothing of general principles. The judge
quietly said to the young man. "You surely are in a bad way, my friend,
because the legislature might in a night repeal all the law that you
know."
At another time he was on the bench in Linn county when George W.
Wilson, as receiver, brought in a wagon load of books to prove up a
certain assignment. Judge Rothrock asked why all these books were
brought in, and Wilson replied, "To show up the receivership in the
case, your honor." The judge smiled and said. "Don't you think this
failure was due to too much bookkeeping?"
At one time as he was assigning cases, and not being familiar with some
of the members of the bar, Tom Corbett appeared in a case assigned for
trial. The judge quietly asked Mr. Corbett's name and as Mr. Corbett
arose to speak Judge Hubbard blurted out. "Jot him down plain Tom, that
is enough." Mr. Corbett blushed crimson, whispering to another attorney
that he would get even some day. Judge Hubbard many times afterwards
became the prey to Corbett's heartless raillery, his sharp retorts, and
pungent wit.
At one time there were a number of lawyers engaged in a hotly contested
will matter where Judge Rothrock presided, and as the attorneys talked
back and forth across the table and there was more or less disturbance
in the court room, the judge leaned quietly over, saying in a very
pleasant manner to one of the lawyers who had done most of the
quarreling, that he did not see why he was sitting there. The attorney
quick as a flash replied, "You've got me now, Judge, I don't know."
After his retirement from the bench Judge Rothrock was frequently
called in to assist other attorneys in the trials of equity cases. It
became a standing joke among the members of the bar that when they
found cases in which Judge Rothrock had written the opinion which held
just the opposite of what he was contending for, they were certain to
rub it in, much to the judge's embarrassment.
While Judge Rothrock resided at Tipton he came up to Marion to preside
over a term of court and as there were but few persons around he asked
the bystanders if there was anything doing this term of court, to which
they replied that they did not know. He said, "Is Doty here," and they
replied that he was. Then he asked, "Is Harper here?" and they said he
had been present for the past day or so. Then he said, "Bailiff, take
my grip and coat, there will be something doing this term of court; I
guess I will stay awhile."
It was Judge Rothrock who made the famous entry of record in several
cases after Doty and Harper had fought for thirty years, "settled by
agreement, each party to pay his own costs, peace declared, the same
being duly ratified by the court." During these years Harper had lost
everything he had, and Doty was content to have his lawyer share the
income out of an eighty acre tract of land and thus felt that he came
out about even. He figured that the lawyer got the better half of the
income of this farm during all the years the litigation continued.
In 1876 Rothrock was appointed member of the supreme court. He removed
to Cedar Rapids, where he resided until his death in 1899. For thirty
years he was a member of that body and materially assisted in laying
down many sound legal principles which courts in the west have since
followed.
Judge Rothrock was not known as a brilliant judge, but was profound,
and a man endowed by nature with the judicial temperament which so well
fitted him for the bench. His opinions have always been known for
clearness of apprehension, tempered by integrity and impartiality.
J. J. Child, a native of the state of New Jersey, drifted into Cedar
Rapids in 1854 for the practice of his profession. He was a large man,
somewhat stooped, of scholarly attainments, and besides had more than
ordinary native ability. Few, if any, excelled Mr. Child in knowledge
of legal principles and their application to existing facts, although
many excelled him in the court room and before juries.
J. J. Child, J. J. Snouffer, and I. N. Whittam were instrumental in
obtaining the special charter for Cedar Rapids in 1856. In the
municipal affairs of Cedar Rapids Mr. Child held many offices up to the
time of his death in 1889. He possessed talents of a very high order,
but his mode of life lessened his influence in the community. Capable
of most any position, he achieved little or no success, and died poor
and unknown, because the baneful influences of drink sapped his
vitality and ruined a brilliant intellect.
One of the most original characters in the '70s was Jerry Lynch, who
had practiced law in Benton county before coming to Cedar Rapids. Mr.
Lynch was resourceful as a lawyer, had a keen sense of humor, and
possessed a great deal of ability. It is said that when Jerry had two
glasses to the wind he was in his element, especially in defending a
criminal, for it is said of him that "he always denied everything and
asked for proof." At one time he was prosecuting certain persons and
realized that he had no proof. The rain was pouring down, and as he
looked out of the window he said with all the dignity of a judge, "Your
Honor, on account of the inclemency of the weather I dismiss the
case."
At another time he was opposed by several lawyers who made fun of his
partner's military record. There is nothing that so touches the
Irishman's heart as an exhibit of disloyalty, and Jerry arose to reply,
saying, "My friend on the other side laughs at my co-counsel's military
record. Let me tell you what he did during the war. He sat on top of
the northern mountain peak of Vermont with his breeches padded ready to
slide into Canada at the first intimation of the draft." There were a
number of soldiers on that jury and it is needless to say that Jerry
won his ease, regardless of the legal questions involved.
Mr. Lynch at one time defended a saloonkeeper, and was waiting his turn
as Judge Shane passed sentence of "guilty" upon one after another.
Jerry arose to speak for his client saying, "It is an unpleasant duty I
am called upon to perform. I defend the worst saloonkeeper in Cedar
Rapids. He runs the worst hole-in-the-wall in Cedar Rapids, and I have
been in there myself and I am ashamed to tell your honor that it is so.
I am not defending my client, for he is a law-breaker and everybody
knows it." And he went on telling about the depraved individual who ran
the saloon, and then he began: "I am not defending the saloon, I would
not be here for that, but that man has a wife and children, and as nice
children you ever did see." Then he went on telling about the kindness
of that wife who was mistreated by a drunken brute of a husband till
tears came into many eyes in that room. The sympathies of the judge
were aroused and Jerry's client was duly acquitted.
Frank Hormel came to Cedar Rapids as a young man, from Ohio, possessing
education and courteous manners. It might be well said of him, that
from nothing he attained to an income of $10,000.00 a year. Mr. Hormel
was lank and lean in appearance; was a student who devoted his nights
to old "Father Antics," the law. He argued to the court with much
success and was discreet and dexterous before a jury. He was kind
hearted and generous to a fault, and attracted friends by the
brilliancy of his conversation.
Mr. Hormel has been declared by the older members of the bar as a
remarkable man for adroitness in a law suit and for knowledge at every
stage of the case. He was a person of many parts and varied culture,
who just before he had turned fifty was literally worn out on account
of the strenuous life he had been living. He set his stakes high and
paid the penalty.
Just after the Civil war a number of young men drifted into Linn
county, a number of whom had seen service and who later became lawyers,
doctors, and bankers in this and adjoining counties.
Among a number of attorneys who located here during the '60s these may
be mentioned: Mason P. Mills, John J. Powell, Charles B. Keeler, Frank
Hormel, Judge Leach, Judge Spangler, T. J. Dudley, Jr., A. R. West, H.
G. Bowman, D. L. Palmer, J. C. Davis, J. W. Bull, A. V. Eastman, Henry
Rickel, C. M. Hollis, C. S. Lake, Judge J. D. Giffin, Colonel Charles
A. Clark, B. F. Heins, and many others. These were all young men and
all became more or less noted in the legal profession, as well as
socially and politically.
Mase Mills was a business getter, but not a sound lawyer. He neither
had the ability nor inclination for discrimination. He said of himself
that in his native place when a boy, when a medicine faker threw out
peanuts for the boys to fight over, he always got his share. In the
rough and tumble of law suits he was fairly successful for the reason
that he always associated himself with lawyers of ability. He was a
jolly good fellow, a great mixer, and knew men.
Mr. Powell had been in the army, was a college graduate, and soon took
a leading place among the attorneys at the bar in this county. He
passed away in January, 1908, one of the best known and most highly
respected citizens of the city of Cedar Rapids.
Benjamin Franklin Heins was in his day and generation a much talked of
man. Of Ben Heins many stories may be told. He was noted for getting
his English mixed and his penmanship conformed to no rule, while
Murray's grammar had never come under his notice. A wag once demurred
to Ben's petition as follows: To count one, for the reason that it
could not be read; to count two, because it was unintelligible, and the
demur was sustained. Ben ran for alderman and gave up a day or two
before election, as he had one hundred votes to the good. The day after
election his friends met at his office to ascertain the cause of his
defeat, when Ben broke out, "Well, gentlemen, I did not know till today
that there were two hundred liars in my ward."
[Illustration: THE BLACK HAWK PURCHASE (map)]
[Illustration: VIEW OF SPRINGVILLE SOON AFTER TOWN WAS FOUNDED]
[Illustration: FIRST STORE IN SPRINGVILLE]
[Illustration: SHOWING DES MOINES COUNTY SUBDIVIDED (map)]
Ben was not a great lawyer, but he had much business. During the Texas
oil speculation one of the oil boomers came to Ben and offered him
fabulous wages to take him around among his German clients to sell oil
stock. Ben soon saw the trick and replied to the boomer as follows: "My
enemies won't bite on this proposition, and I do not wish to soak my
friends in this way. You better look for some other sucker."
Mills & Keeler were in partnership a number of years, mostly engaged in
railway litigation. Mr. Keeler became known outside the confines of the
state, and died scarcely past middle life at the head of the legal
department of the Chicago, Milwaukee & St. Paul Railway, with offices
in Chicago. Mr. Keeler was short of stature, with black hair and beard,
and in a law suit very nervous. It is said that during the Bever will
trial Colonel Clark, in the midst of the trial, said to Keeler, "If you
will only put a feather in your hair, Charley, you would make an ideal
Mephistopheles without any further makeup." Mr. Keeler was a shrewd,
wide-awake lawyer, whose mental constitution peculiarly fitted him for
the practice of law, who possessed the faculty of crowding the salient
features of a case in a few words, and who knew better than most
lawyers what the law ought to be if he could not cite a case in point.
He was cold-blooded and had few warm friends, but everyone acknowledged
his abilities. His restless brain simply burnt up his tissues long
before his time.
Mr. Bowman excelled as a brilliant jury lawyer, who by his magnetic
personality knew how to handle a jury and to obtain a favorable
verdict, especially on the defense in a criminal suit where he could
appeal to the sympathies of the jury. Mr. Bowman possessed the magnetic
quality to attract persons to him, and was one of the most resourceful
lawyers at the bar.
Of the early practitioners at the bar all have passed away or have
retired except Judge J. H. Preston, a son of Colonel Preston, still in
practice in Cedar Rapids, and Major William G. Thompson.
Major Thompson must be given space in this sketch. He was an associate
of Hubbard, Isbell, Cook, Stephens, Corbett, Young, McIntosh, Mitchell,
Sanford, David, and Greene. Judge Thompson is a native of Butler
county, Pennsylvania, where he was born in 1830. He was reared on a
farm, received his early education in a log school house and became a
teacher. He attended an academy where he remained two years, when he
began the study of law, supporting himself by working for his
employers. At twenty-five he was admitted to the bar, and in 1853
located in Marion for the practice of his profession. He was a member
of the state convention at Iowa City in 1856 when the republican party
was organized. In this year he was also chosen a member of the state
senate, serving in the Sixth and Seventh General Assemblies. In 1864 he
was one of the presidential electors, and was elected district
attorney, serving six years. The office of general justice of the
territory of Idaho was offered him in 1879 which he accepted, but was
elected to congress from the fifth district the same year to fill a
vacancy and was re-elected for the next regular term. In 1885 he was
elected to the Twenty-first General Assembly and was an important
factor in the impeachment proceedings against Auditor Brown. In 1894
Judge Thompson was appointed judge of the eighteenth judicial district
and served in that capacity until he retired a few years ago on account
of advanced age.
A few stories may be told about Major Thompson to give the reader an
idea of the man and of the times. Tall, spare, and of commanding
stature, with a wonderful command of language, he would convulse a
witness or magnetize a jury with his quaint sayings, and in a minute
would melt them into tears with his pathos or arouse them to
indignation by his denunciations of what he believed was wrong.
In the Bever will case, in which Thompson appeared for the contestants,
he was to open the case to the jury, when Hubbard who had full charge
of the case, said that he wanted Thompson to speak at least two days.
The major replied, "Great God man, what shall I say to that jury except
that here is the will and there are the girls, they should have part of
this estate?" He made the longest jury argument he ever made in his
life, which did not exceed forty minutes, but he won the case.
Another incident in the Bever will case might be mentioned. After the
case had gone to the highest court the parties agreed to compromise.
They objected to fees which were very large. Sheriff Dan Kinley had a
fee bill of $1,000.00, which the parties contested. The motion was set
down for hearing, when Kinley stepped up and wanted his matter disposed
of. Judge Wolf was on the bench and asked if the sheriff had any
lawyer. He replied, "No, I asked several lawyers and they all claimed
they were retained on one side or the other." The judge looked down
upon an array of lawyers, counting about fifteen, and said, "All right,
go ahead gentlemen." As the long string of lawyers came out after the
hearing Major Smith came along and said to the judge, who came out with
Kinley, "How about that motion for fees, Judge, which you have been
hearing?" "Well," replied Wolf, "there were twenty lawyers on the other
side, and after lengthy arguments Dan and I managed to beat them."
When Judge Thompson was on the bench he used to sentence criminals like
this: "You deserve just ten years in the pen, or as long as the law
allows. You should stay there. I never heard any good you ever did. But
I see your wife here. She looks like a good woman: I'll give you thirty
days in jail."
At one time a woman came to Thompson to get a divorce from her husband.
The judge heard her story. She stated that when the husband came home
and the meals were not ready he would simply rave. "How does he act
when you do have the meals ready?" "Oh, he acts all right then,"
replied the woman. "Well," said the judge, "I advise you to go home and
feed the brute, and you will have no trouble."
On the stump the judge was often accused of waving the "bloody shirt,"
and he used to reply to his opponents that "he knew what he was waving,
because he had been there." When in congress the major was a member of
the committee to try the contested election cases. Colonel R. G.
Ingersoll was one of the attorneys frequently employed by the
contestants and he became very friendly with the members of this
committee. One morning as the colonel entered and found the major
looking over some of the records, the great orator, looking at the Iowa
congressman, said, "Major, I like you." Thompson looked up and
inquired, "Why so, Colonel?" "Well," replied the magnetic orator,
"because if I can establish the fact that my client is running on the
republican ticket I have won my case with you, but it takes a great
deal more to convince the other members of your committee."
George W. Wilson was an old character at the bar of Linn county, and
many are the cases on our county records with the words, G. W. Wilson
_per se_. He brought more worthless cases than any other firm or
individual and was the owner of more tax titles than any other
individual in this or any other county in Iowa. His tax titles were so
clouded that the court intimated in a certain execution "that they
would never fasten on anything in particular."
Linn county has had its share of "constant litigants." The dam across
the river has been a constant eyesore, with rights vested and
otherwise. There has not been a time since the franchise was granted by
the state for dams up to the present time that some suit has not been
pending in the district or supreme court involving some phase of the
property rights of the respective owners in common. The so-called legal
ownership of the dam is now supposed to be vested in the city of Cedar
Rapids, and fees are no longer forthcoming, so during the past few
years there has been a lull in this branch of litigation.
William Harper, J. W. Traer, J. P. Glass, John Weare, W. S. Cooper, N.
B. Brown, Colonel J. M. May, J. J. Snouffer, G. W. Wilson, Theresa
O'Connell, Doc Paul, and Lewis & Mason kept the legal mill grinding for
many years. However, by common consent, Elias Doty, son of one of the
first settlers, seems to have held the trump card for litigation in the
number of suits that he has brought and defended. He is something like
Micawber in this particular that "he has become acquainted with the law
by being made a party so often." It is said that Doty started his
litigation by taking a law book in a horse trade, from which he got a
smattering of law, which volume was cited in many trials until some
up-to-date lawyer ruled the book out before a justice because it had
been printed in England.
The Bever will case was one of the most hotly contested cases in the
county on account of the large interests at stake and the prominence of
the interested parties as well as the prominence and standing of the
attorneys employed.
Many have questioned whether the lawyer of the future will occupy the
same position in the community as the pioneer lawyers. The legal
business is rapidly changing, and before many years the successful
lawyer will be one who renders legal opinions as to what the law is
before suit is brought, and there will be less and less of great
speeches delivered "amid full houses and loud cheers." The pioneer
lawyer arose to distinction and political preferment by force of his
native ability. It is doubtful if we shall in the future have a class
of attorneys who will play such an important part in the upbuilding of
the county and of the state. It is doubtful if we ever shall look upon
their kind again.
The practicing attorneys of Linn county at this time are as follows:
F. B. Armstrong, E. C. Barber, A. R. Berry, U. C. Blake. Charles W.
Bingham, Don Barnes, Fred A. Bowman, George F. Buresh, Frank C. Byers,
C. M. Brown, Charles A. Clark, Frank G. Clark, C. F. Clark, William G.
Clark, A. T. Cooper, W. L. Crissman, J. C. Cook, J. H. Crosby, W. L.
Cron, William Chamberlain, H. R. Churchill, F. F. Dawley, F. J. Dawley,
C. J. Deacon, Vincel Drahos, L. D. Dennis, M. J. Donnelly, O. J.
Felton, E. A. Fordyce, Elmer Green, J. W. Good, J. M. Grimm, W. J.
Grunewald, T. M. Giberson, E. W. Griffiths, S. M. Hall, Warren Harman,
G. J. Hedges, J. N. Hughes, C. D. Harrison, Louis Heins, F. W. Hann,
Frank A. Heald, J. W. Jamison, E. C. Johnson, L. M. Kratz, J. C.
Leonard, J. J. Lenehan, G. P. Linville, Fred Luberger, Joseph Mekota,
R. A. Moses, Matt J. Miles, Stephen Novotny, E. C. Preston, J. H.
Preston, Thomas B. Powell, M. I. Parter, Frank H. Randall, Mac J.
Randall, John M. Redmond, John A. Reed, C. B. Robbins, Henry Rickel, H.
C. Ring, C. S. Smith, M. P. Smith, William Smythe, W. E. Steele, John
D. Stewart, A. H. Sargent, Roland Shaver, H. E. Spangler, C. R.
Sutherland, L. J. Storey, G. R. Taylor, P. W. Tourtellot, J. H. Trewin,
J. M. Tallman, C. G. Watkins, Charles E. Wheeler, B. L. Wick, J. U.
Yessler, Cedar Rapids; H. C. Printy, Center Point, Iowa; Thomas Davis,
Central City, Iowa; E. A. Johnson, B. J. Laucamp, Lisbon; F. L.
Anderson, James E. Bromwell, M. W. Courtney, W. S. Griffiths, James M.
Gray, Charles J. Haas, B. P. Harding, C. S. Lake, William G. Thompson,
J. M. Thompson, D. E. Voris, Marion; C. W. Kepler, Louis H. Kepler, G.
M. Wilson, F. T. Davis, William Glenn, Mt. Vernon; D. D. Stevens,
Paralta, Iowa; Thomas Ware, Troy Mills; A. W. Fisher, Walker; Homer
James, Springville.
[Illustration: LUTHERAN CHURCH, LISBON]
[Illustration: MAIN STREET, LISBON]
LINN COUNTY JUSTICES
In pioneer days the township justice played an important part in the
growth and progress of the community. He acted as the safe counsellor
and the family adviser. He drew up all sorts of legal papers, settled
strifes, legalized marriages. It was in the justice court that the new
lawyer would show off his ability. It was an age when "wit and whiskey
were the principal things at the bar," and the early lawyers by nature
possessed the one and frequently partook of the other.
Before these country tribunals these young fellows at the bar were not
miserly of their eccentricities by any means. The justice courts in
olden times were held under the oaks in summer and in blacksmith shops
and grist mills in colder weather, and here when law was not made, the
politics and gossip of the day were often discussed. The justice was
always a leader in his community, and he led in many ways. The story
frequently went "as goes the justice so goes the township." The voter
placed faith in the judgment of the justice and he ruled the community
sometimes with an iron hand. However, the dictatorial justice soon lost
caste and some one else would be chosen at the next election. Much good
work was done by the frontier justice as peace maker, for often where
quarrels arose involving a whole neighborhood he would fix it up in
some way, asserting with all the powers at his command that "it was a
dirty suit" which must be settled.
They were as a rule men of character and of influence, and fearless
when it came to dealing out justice to offenders and those who openly
violated the law. Of course they were backed by the sturdy farming
population who could be depended upon to stand up for the rules as laid
down by the justice.
Many stories may be told at the expense of the country justice. It is
related of an old New Englander in Monroe township that when a case
came before him as to certain offenses and the attorney for the
defendant saw that the feelings of the justice were against him he made
a motion that the guilt or innocence of the victim be put to a vote of
the house. While he thought this was a little strange, still his sense
of justice and his New England training asserted itself and the crowd
voted that the party should go free, against the protest of the
attorney for the state.
Dr. J. H. Camburn was an able justice. The way he would take things in
hand and decide matters were worth going a distance to see and hear.
Dr. Camburn was decidedly practical and had good sense. It is said that
John Weare made a better justice than Dave King, for King had friends
at times whom he wanted to help while Weare had no friends.
Justice Snyder, of Putnam township, sentenced a poor fellow at one time
to the penitentiary for stealing a bee tree when a tree of that kind
and a whole acre of land on which it grew would not be worth more than
$5.00. The constable marched the poor fellow across the country to the
sheriff's office, awaiting further instructions. The sheriff sent the
constable home and told the prisoner to go home, as the justice had
exceeded his authority. The scare at least made the poor fellow forever
afterwards an ideal citizen and the justice always thought that he had
done a good job after all even though he had exceeded his authority.
Many of the fathers and grandfathers of the present generation look
back with pride upon the work accomplished by their ancestors who held
down the justice's office in some of the townships of the county. Who
does not remember such names as J. G. Cole, Isaac Butler, Bob Hodgin,
Ed Crow, William Abbe, Burnett, Coquillette, Knickerbocker, L. L.
Davis, Israel Mitchell, Wm. Ure, R. M. Gunnison, Wm. Cooper, J. S.
Anderson, John Stewart, C. W. Phelps, Aaron Mohr, Thos. Goudy, J. M.
Afftery, J. W. Babbitt, W. H. Hunter, H. B. Burnapp, J. Shearer, Geo.
Greene, and scores of others.
[Illustration: AFTER THE SAC AND FOX CESSION OF 1837 (map)]
[Illustration: LATE DIVISION OF THE BLACK HAWK PURCHASE (map)]
These frontier justices were many of them men of culture and education,
such as Mitchell and Judge Greene. Many of them were shrewd, as Wm.
Ure, Gunnison, Butler, Nugent and many others. These men saw into
schemes which were frequently played upon men of the community and woe
unto the man who got caught in such a game in the new community where
all stood by the justice and the justice's rule was the supreme law in
those days. But the country justice, whatever his ability, always
decided on the side of justice and mercy.
The country justice was a self made man of sound judgment and by fair
dealings was the arbiter of the fortunes of the county in an early day.
He is worthy of mention as a type of the pioneer who took an active
interest in the upbuilding of the county and in preserving order and
enforcing law.
The following items show the importance of the justices in "ye olden
time." These were found by a member of the S. H. Tryon family and
presented to the Linn County Historical Society.
Linn County,
Iowa Territory,
To any Justice of the Peace for Linn County, or minister of
the Gospel, These in the name of the United States are to
authorize you to join in matrimony Mr. James Hunter and Miss
Mary Rogers and fail not to make due return. March 10, 1840.
S. H. Tryon. C. D. C.
Executed by the undersigned on the 14th day of March, 1840.
Israel Mitchell, J. P.
Iowa Territory,
Linn County,
To any Justice of the Peace or Minister of the Gospel in the
name of the United States of America, These are to authorize
you to join in matrimony Mr. Joseph Barnett and Miss Mary
Libo.
Given under my hand and seal of office this 20th day of
June, 1840.
S. H. Tryon, (seal)
District Clerk.
Territory of Iowa,
Linn County,
To any Justice of the Peace or Minister of the Gospel in the
name of the United States of America; these are to authorize
you to join in matrimony Mr. Henry Donahoo and Miss Sarah
Ann Burgess.
Given under the temporary seal of said County.
S. H. Tryon, Clerk C. C., L. C., I. T.
C. W. Phelps, Justice of the Peace, married David Mann and Sally Lewis
April 16, 1842, William Adair and Sabrina Williams on the 17th day of
December, 1840, George Adair and Elizabeth Ellen Smith on the 6th day
of January, 1841, and Mr. John Leverich and Miss Lucy Ann Smith on the
25th day of February, 1841.
John Stewart, Justice of the Peace, married James R. Briney and Mary
Stamberg on the 10th day of March, 1841; and married Mr. Andrew Arnett
and Miss Jane Johnson on the 8th day of June, 1841.
Aaron Moher, Justice of the Peace, on the 4th day of July, 1841,
married John Dwyer and Miss Minerva Plant.
John G. Cole, Justice of the Peace, married David Hunter and Sarah Jane
Rogers on the 23rd day of July, 1840.
[Illustration: PRESBYTERIAN CHURCH AT SPRINGVILLE]
[Illustration: THE BUTLER FARM AT SPRINGVILLE]
William Abbe, Justice of the Peace, on the 10th day of June, 1840,
married Mr. Asher Edgerton and Miss Julia Deale.
John Cron, Justice of the Peace, married Mr. Aaron Haynes and Miss
Sally Mann, on the 21st day of July, 1840.
Thomas Goudy, Justice of the Peace, on the 3rd day of November, 1840,
married Hosea W. Gray and Miss Nancy Smith.
Jno. Hoddes, a Minister of the Gospel, married Mr. John Riley and Miss
Mary Ellen Bigger on the 22nd day of July, 1841.
J. P. Stuart, a Minister of the Gospel, married Mr. Robert Cunningham
Shinn and Miss Martha Marcissa Willis on the 8th day of September,
1840.
John M. Afferty, Justice of the Peace, married Elisha Freeman Williams
and Julian Clark on the 4th day of July, 1840.
James W. Bapitt, Justice of the Peace, married Mr. Mark Morris and
Julia Ann Carpenter on the 4th day of July, 1840; he also married
Frederick Grambow and Miss Martha Harris on the 1st day of September,
1840.
Israel Mitchell, Justice of the Peace, married Mr. James Hunter and
Miss Mary Rogers on the 14th day of March, 1840; he also married Mr.
Joseph Barnett and Miss Mary Libo on the 21st day of June, 1840; also
Mr. Henry Donahoo and Miss Sarah Ann Rogers were married by the same
party on the 2nd day of August, 1840.
The above named clerk who issued the licenses was Dr. Socrates H.
Tryon, who was appointed clerk of the Third Judicial District of which
Joseph Williams was judge. He was also the first physician to locate
within the boundaries of Linn county.
George Greene acted as deputy clerk during the year 1841, and he issued
also several licenses to marry well known Linn county people, some of
whom were: Sarah Rogers to Wiley Fitz during January, 1841, and Mary
Stambaugh to James R. Briney in March, of the same year.
On March 2, 1841, Sally Hanes makes a sale of one red cow, two sows and
eight shoats for $20.00 to Jacob Mann, which fact is attested to by
Isaac Butler and that the goods were delivered in person and money
paid.
In Otter Creek township before W. H. Hunts, J. P., on August 30, 1852,
the following case was docketed: "State of Iowa vs. Orin Draper,
Felony," charged by William Garretson, attempted to poison his family
and himself; that he is in fear of the defendant and dare not leave his
home and follow his occupation. That William Cress duly brought the
defendant into Court; that defendant denied that he was guilty and
asked for trial. J. Hunt appeared for the State; defendant pleaded his
own case; that after examination of witnesses separately and arguments
made, the testimony all being understood by the court, thereupon it is
considered that defendant go free without day or date.
CHAPTER XXII
_The Schools of the County_
Schools in Linn county came into existence almost as early as the first
settlers arrived here. Most of the pioneers came from homes of culture
and refinement and hence appreciated the value of an education. There
were no public schools at first. Teachers were employed by private
subscription. Lessons were taught in the settler's cabin, fitted up
with rough boards or puncheons, and of course the attendance was small.
The organic law which provided for the division of Wisconsin and Iowa
makes no provision for education, and no reference to it. On January
15, 1839, an act was passed by the Council and House of Representatives
of the Territory of Iowa, providing for "grants of property made for
the encouragement of education." This act has no bearing whatever on
our present school system. It deals expressly with donations and gifts
for educational purposes.
The real beginning of our present school system is embodied in "An Act
to Establish a System of Common Schools," approved by the Council and
House of Representatives of the Territory of Iowa, January 16, 1840.
There are many surprises in this bill when one compares it to our
present school laws; in fact, many of our school laws have not been
materially changed since the enactments of 1840. It is interesting to
note that according to the provisions of this bill, the school library
is not a new idea, but it was provided for. In Section thirteen,
paragraph five, the qualified voters in each district were given power
to "impose a tax sufficient for the purchase of a suitable library
case, also a sum not exceeding ten dollars annually, for the purchase
of books to be selected by a vote of the district, by the district
board, when so directed." Paragraph six of the same section designates
"the place where the library shall be kept, and the person by whom it
shall be kept;" and states that "the superintendent of public
instruction shall establish the necessary rules for the regulation of
the library." Section fifteen provides that "every person elected to
any one of the above offices who, without sufficient cause, shall
neglect or refuse to serve shall forfeit to the district for the use of
the library the sum of ten dollars, to be recovered in an action of
debt by the assessor before any court of competent jurisdiction."
Another interesting item is the fact that school inspectors instead of
school directors at that time had charge of the schools. In Section
twenty-three, these inspectors are provided for in the following words:
"There shall be chosen at each annual township meeting, three school
inspectors in the same manner as other township officers are chosen,
who shall hold their office until others are chosen."
It was the duty of these inspectors, according to Section twenty-nine
of this Act, to examine closely all persons presenting themselves as
candidates for teaching in their township, and although a certificate
may have been issued to a teacher, if the inspectors became
dissatisfied, under Section thirty, they might again require the
teacher to be re-examined, and if in their opinion the teacher was
found wanting the requisite qualifications, their certificates might be
annulled by giving the teacher ten days' notice, and filing the same
with the clerk of the township.
Judge Milo P. Smith when entering upon the duties of his school at
Wire's Corners, just east of Springville, was examined by this method,
and it is quite interesting to hear him tell his early experiences in
the schools of Linn county. Quite vividly does he bring to one's mind
the sparsely settled condition of the neighborhood around Springville
and Viola, when relating an incident regarding his trip from this
school house to a party where he had been invited to spend the evening.
After arranging his records and outlining the lessons for the next day,
the Judge states that he started for his destination, and about ten
o'clock at night realized that he was completely lost. Evidently he
must have traveled in a circle, for he states that about two or three
o'clock the next morning he saw a gleam of light flash out of a door.
Starting immediately in that direction, he arrived at the place where
the party was held, just in time to ride home with the young folks.
At the same session, a law was passed regarding the sale of the school
lands, and this law was approved January 17, 1840.
On February 17, 1842, a bill was passed creating the office of
Superintendent of Public Instruction. The duties of this officer at
this time was very limited; they being of a clerical nature instead of
those of a supervisor. Of course there could be no school districts or
anything of that nature organized in the county until after some county
organization. The bill calling for the organization of Linn county was
not passed until 1840. It is quite interesting to know that it was at
this time that the Commissioner or rather what is known to-day as the
Supervisor Districts were laid out. The bill reads as follows:
"Section 1. Be it enacted by the Council and House of
Representatives of the Territory of Iowa, That the board of
county commissioners in and for the county of Linn, be and
they are hereby authorized and required to lay off the
county aforesaid into three county commissioners' districts,
prior to the first day of August, A. D. eighteen hundred and
forty-one, making the division as nearly as possible in
proportion to the population of said county; and the
districts shall be classified by said commissioners as
districts number one, number two, and number three.
"SEC. 2. That at the next general election there shall be
elected from district number one one county commissioner;
and alternately thereafter there shall be elected from each
district one county commissioner annually, in accordance
with the provisions of an act organizing a board of county
commissioners in each county in this Territory, approved
December 14th, A. D. eighteen hundred and thirty-eight, in
like manner as though the county had been divided under the
provisions of said act.
"Approved, December 31, 1840."
This is especially interesting, inasmuch as there has been a great deal
of discussion of late regarding the number of supervisors in Linn
county. The districts as laid out at that time remain today.
By an act of the same Assembly, approved June 13, 1841, Marion was
established as a seat of justice of Linn county, and the commissioners
of Linn county were authorized to employ agents to sell lots.
The office of the superintendent of public instruction seemed to have
been short-lived, for on February 17, 1842, an act was passed by the
territorial legislature which repealed the act of creating the office
of superintendent of public instruction.
In 1846 an act was passed January 15th, which in some respects amended
an act "To Establish a System of Common Schools," which was passed in
1840. This bill (the one of 1845) really made what is now known as the
county auditor, the educational head of the schools, and provided a tax
for their support.
In chapter 99, page 127, of the Territorial Statutes of 1847, there is
an act relating to the common schools. In section 36, page 134, it
provides that at the next annual township election (which evidently
must have been held in the spring) there was to be elected a school
fund commissioner. This commissioner is what is now known as the county
superintendent of schools, and his duties were many and varied.
In the election book it is shown that in April, 1852, out of the six
hundred and ninety-one votes cast, Alpheus Brown received five hundred
and seventy-three, and was declared elected. In the formation and
alteration of school districts, the records of the county go back as
far as 1849, in which records Mr. Brown signed as school fund
commissioner. However, this may be attributed to the fact that previous
to 1852, Mr. Brown was clerk of the county board of commissioners, and
the duties of the school fund commissioner devolved upon that office at
that time; consequently the presumption is that when he entered upon
his duties as school fund commissioner, and began to make up his
records, he naturally took from the records of the clerk of the board
of county commissioners the things which belonged to the office.
Mr. Brown held this office for three full terms, also about six or
eight months additional time, although Albert A. Mason was elected and
qualified as county superintendent of schools in the election of April,
1858. Mr. Brown served until January, 1859, as school fund
commissioner. This came from the fact that the county superintendent
was provided for by the Statute of '58, the election taking place on
the first Monday in April, but at this time some of the duties devolved
upon the county superintendent. By chapter 36 of the Statutes of 1858,
section 1, the office of the school fund commissioner was continued
until the county treasurer was elected. The presumption is, therefore,
that for about six months we had both a school fund commissioner and a
county superintendent of schools in this county.
It is possible, also, that Mr. Brown served as a sort of triumvirate,
as he was school fund commissioner by election, for the simple reason
that Mr. Mason may not have qualified until three or four days after
the time set; he was also school fund commissioner by the extension
Statute, and county superintendent of schools from the fact that his
successor had not qualified; in fact in some of the school reports, he
signed as both school fund commissioner and county superintendent.
However, Mr. Mason entered upon his duties and served as superintendent
of schools for one term, when Ira G. Fairbanks (who by the way, still
lives in Mount Vernon) was elected as his successor.
It is a difficult matter to state who was the first school teacher in
the county. In 1839 several schools were in operation. In July of that
year Elizabeth Bennett taught in Linn Grove, and later that same year
Judge Greene taught at Ivanhoe. One of the noted schools of the early
day was the one known as the "Buckskin School," in Linn Grove, so named
because teacher and scholars alike attended clad in buckskin suits.
The first school district was formed in 1840 with Marion as its center.
After that school houses sprang up in every direction. The buildings
were constructed out of logs; the seats were benches hewn from slabs or
logs, and so were the desks.
Colleges early sprung up in the county. Of the three that flourished
here more or less at one time, the history of two--Cornell and Coe--are
given at length. These institutions are now in splendid condition.
The third institution that in its day was a power for excellence in
educational lines was Western, founded in 1856 on the borders of
Johnson county at the little town of Western, in College township. Of
this institution the late Jesse A. Runkle, some years ago, wrote as
follows:
"In January, 1856, Iowa City became the western terminus of
the only railroad in the state, and no other was built
within a couple of years. The fine country surrounding
Western, would easily lead one to believe that the early
plan was feasible, to make the school an industrial one,
where deserving young men could make their way through
school by devoting some of their time to agricultural work.
But Western was unfortunate in two things: First, none of
the railroads that were built in Iowa, ever came near the
town. It seems as if a Nemesis had brooded over the place,
for even the interurban now being built between Cedar Rapids
and Iowa City swerves from a direct line, and misses both
Western and Shueyville by about a mile. Second, the
surrounding country began to be possessed by a population
that in the main had little or no sympathy with religious
education, and the older generations were alien in thought
and temper to our American institutions. These things made
the task of maintaining the college at that point a most
heroic and arduous work."
[Illustration: SHOWING THE TWO CESSIONS AS AT PRESENT DIVIDED (map)]
After some years of struggle, the college was removed to Toledo, where
it now wields an influence second to none in the state.
One of the early educational centers in Linn county was the private
school established in 1850 in the Greene Bros. block, which stood on
the corner of First street and First avenue, Cedar Rapids, where now
stands the building owned by Sunshine Mission. It was founded by Miss
Elizabeth Calder, a native of New York, and who in 1855 married R. C.
Rock, the first hardware dealer in the city, who came here from
Burlington and whose place of business was located on First street a
few doors south of the corner of First avenue. This school prospered
and was conducted by Miss Calder for four years when it was
discontinued.
One of the first, if not the very first, teacher in Cedar Rapids was
Miss Susan Abbe, daughter of the old pioneer. She taught in this city
in 1846, the superintendent being Alexander Ely.
Miss Emma J. Fordyce, at present a teacher in the Cedar Rapids high
school, contributes to this work the following sketch of early schools
in the county, and more particularly in the city of Cedar Rapids:
"It is not often in this changing country that a person
lives a lifetime in one community and sees the schools grow
from their beginning. This has happened to me. Of the early
country schools but two memories remain: a visit in the
summer, and one in the winter. There remains an impression
of very homely school houses, equally homely surroundings,
and very little comfort without or within. It is a standing
wonder that even now an Iowa farmer is much more likely to
provide an up-to-date fine building for his cattle than a
beautiful, well-ordered school-house for the education of
his children. A little has been done, but by far too little.
"Early Cedar Rapids was a little village surrounded by
groves of oaks, crab-apple, plum, and everywhere the
climbing wild grape. Between these groves were the sand
hills on which grew vast quantities of sand-burs. Where the
Methodist church now stands was a hill which sloped toward
the railroad. Where the old Presbyterian church was, the
children coasted down 'Pepper Grass Hill;' and where Mr.
Crozer's florist establishment is, was a deep and wide pond
which, on occasions of heavy rain, furnished water for rafts
made from bits of sidewalk.
"The earliest school was on the site of the present Granby
building, but of that school I have no personal knowledge.
The first school building in my memory was the three-story
one which was erected in 1856. It had a white cupola, white
trimmings to the windows, with a high, solid board fence,
painted red, surrounding it. An iron pump at the side
furnished refreshment to the spirit and ammunition for the
wetting of people. On the lower floor on the side next the
railroad, Miss Elizabeth Shearer taught the children. She
was a woman of fine family, fine attainments, and of great
patience of spirit. Superintendent Ingalls was in charge of
the school at that time. C. W. Burton followed him the next
year. His school board was A. C. Churchill, president;
Benjamin Harrison, treasurer; J. W. Henderson,
vice-president; D. A. Bradley, secretary. These were
assisted by three directors, J. F. Charles, W. W. Smith, E.
E. Leach. Mr. Harrison had a unique way of collecting taxes
from the delinquent foreign citizens to whom our system of
collecting them was a dark puzzle; when they refused to pay,
he notified them that on a certain day if the taxes were not
forthcoming, he would sell everything they had and apply the
proceeds to tax payment. The auction was often begun, but
never finished, as the taxes were always forthcoming.
"Mrs. E. J. Lund was one of the earliest of Cedar Rapids
teachers. For many years her inspiring example and her
patient work developed good children out of bad, and she
finished her life's work by taking care of all the poor and
unfortunate of the county. The Cedar Rapids superintendents
were Professor Humphrey, 1861-4, Professor Ingalls, 1864-5,
C. W. Burton, 1865-70, J. E. Harlan, now president of
Cornell, 1870-5, F. H. Smith, the latter part of 1875, J. W.
Akers, 1875-81, W. M. Friesner, 1881-5, L. T. Weld, 1885-6,
J. P. Hendricks, 1886-90, J. T. Merrill, 1890-1901, J. J.
McConnell, 1901--, twelve men in thirty-four years. The list
shows plainly the growing tendency to keep a superintendent
for long periods at a time.
"The high school principals show the same tendency; A.
Wetherby, from 1870-1, E. C. Ebersole, 1872-73, W. A.
Olmsted, 1871-2, Miss Mary A. Robinson, 1873-86, Miss A. S.
Abbott, 1886--.
"The original high school building contained four rooms. In
1876 it had a corps of three teachers: Miss M. A. Robinson,
Miss E. J. Meade, Miss Estella Verden, and had an attendance
of 106 pupils; it now has twenty teachers with an attendance
of 838 pupils. In 1876 there were five buildings in the
city; there are now sixteen. Of the teachers thirty-one in
number in 1876, there are two left: Miss Emma Forsythe and
Miss Emma J. Fordyce. In 1876 the total number of pupils
handled by thirty-one teachers was 1,752. In 1911, with 181
teachers, there are 6,122 pupils, not quite six times as
many teachers, but showing a smaller average number to each
teacher. Evidently the school-houses have always been
crowded, since the superintendent's report of 1876 says: 'We
have in the school district five school buildings, and these
are taxed to their utmost to accommodate the pupils already
enrolled.' He also remarks pensively: 'In your wisdom for
the coming year, you have reduced the salaries of your
teachers, and in some cases the reduction has been such that
some of your best teachers have been compelled to seek
employment elsewhere.' Since no following superintendent
makes the same complaint, it is evident that school boards
do improve. As to salaries, the salary of the superintendent
in 1883 is given as $1,000; in 1911 as $3,000, which means
the magnificent increase of $42 a year; not a great
temptation. The salaries of the teachers increase in the
same period about $25 a year. Comment is unnecessary.
"As to the high school, the graduates of 1873 to 1885 were
but eleven pupils, with nine times as many in 1908. Amongst
the older and pioneer high school teachers were Mr.
Wetherbee, Miss Ella Meade, and Miss Ada Sherman, who
afterward decided to doctor bodies instead of minds, as it
paid much better. Mr. Olmsted, the principal of 1872, who
left Cedar Rapids in 1873 to found a business in Chicago,
died a hero. He lost his life in his burning building trying
to save his bookkeeper.
"The tendencies in school work are shown by the fact that
the reports of the early superintendents are largely lists
of members of the school board, while the later reports give
large tabulations of expense. It is to be regretted that
Iowa has not adopted a series of uniform reports, giving
items almost impossible to discover as these reports are at
present made out. The older schools report seventy-two
pupils to a primary teacher. The newer reports are silent on
the subject. Since efficiency comes in handling the right
number of pupils, it would certainly be wise to keep a
careful account of this item.
"The courses of the schools show the growth in public
service. The courses of the high school in 1876 are twenty;
those of the high school in 1910, eighty-three. All of the
older and more prominent citizens served as school directors
at one time or another. In 1858 J. L. Enos was president of
the board, Freeman Smith, secretary, W. W. Smith,
vice-president, J. T. Walker, treasurer, W. W. Walker,
director. In 1859 the names of R. C. Rock, E. H. Stedman, J.
P. Coulter, and J. M. Chambers appear. In 1860, S. C.
Koontz, Henry Church, William Stewart, J. H. Camburn, and
William Richmond served. In 1861, W. W. Smith, George M.
Howlett, Henry Church, William H. Merritt, A. C. Churchill,
and S. L. Pollock directed affairs. In 1862 E. G. Brown, A.
C. Churchill, J. F. Ely, George M. Howlett elected Mr.
Humphrey superintendent of schools. His reputation seems to
have been that of a man of great strength and the bad big
boys stood in awe of him accordingly. C. W. Burton, the
superintendent of 1865, was noted for his cleverness in
mathematics, and his deep interest in horticulture.
"All of these early directors, superintendents, and teachers
were hard workers and great optimists. History has confirmed
that optimism, and from the services of these men developed
a race of ambitious, energetic, moral citizens to whom the
present Cedar Rapids owes a great debt of gratitude."
Through the courtesy of County Superintendent Alderman we are enabled
to give below some interesting data regarding our schools: