LOUISA COUNTY, IOWA

PORTRAIT AND BIOGRAPHICAL ALBUM
LOUISA COUNTY, IOWA
1889 EDITION

Submitted by Sharon Elijah, March 31, 2014

HISTORICAL SECTION

Pg 600

         BENCH AND BAR. As the world increased in numbers and the rights of men were invaded by fellowmen, courts of justice became a necessity. From the days of Moses to the present time, every country has adopted a code of laws and established courts for the enforcement of them. Louisa County, as has already been seen, was brought into existence by an act of the Territorial Legislature of Wisconsin, in December, 1836. The territory lying west of the Mississippi River was divided into two districts, Louisa County being in the second. The first court for this county was held at what is known as Lower Wapello, its first session being held April 20, 1837. The courthouse was constructed of cottonwood logs, and was 18x20 feet in size, and the stand from which the Judge dispensed justice was a common dry-goods box. Upon the organization of the court Z. C. Inghram was appointed Clerk, and James Woods District Attorney for the county, on whose motion a venire facias was issued, and the following-named gentlemen returned as the first Grand Jury of Louisa County: Philip B. Harrison, Isaac Rinearson, Jeremiah Smith, Reuben C. Mason, Philip Maskill, Henry Stoughton, Thomas Stoddard, David E. Blair, William H. Creighton, James Erwin, Christopher Shuck, Thomas Blair, William Kennedy, Francis A. Roe, William Fleming, William H. Denison, William Dupont.

The first Petit Jury, summoned also at this court, was composed of the following gentlemen: John H. Benson, Orin Briggs, William Kennedy, David Rupell, Wesley Swank, Joseph Carter, Nathaniel Prim, William Dupont, William H. Lee, John Reim, David Linn, Abraham Wygant, Peter Wygant, David M. Hanson.

In describing the meeting of this court at an Old Settlers’ Reunion, Hon. John Bird said: “After the Grand Jurors were sworn they were ordered to be conducted to their chamber, which it may not be amiss to describe. It was a gulch in the bank of the Iowa River, its covering no less than the canopy of heaven. Their seats were the beautiful sward, clothed with the verdure of spring. The Clerk was seated with his pencil in hand, and a sheet of paper on his knee, taking down the evidence of the various witnesses introduced by the Government; and as an evidence that they did not suffer violations or infractions of the law, they found twelve true bills of indictment, the offenses enumerated in them being selling liquor to the Indians, assault and battery and gambling, being about all the crimes the early settlers were guilty . . .

Pg 601

. . . of. The Petit Jury were not burdened with much business, as there were but two cases on the docket, and they continued. They improved their time in looking at the fine horses on the ground, and getting up little races for amusement, there being a race track close by.”

In 1838 Iowa Territory was organized, and the judicial districts were reformed, but Louisa County still remained a part of the Second District. Hon. Thomas S. Wilson was Judge of the district, and Hon. Alfred Rich, Prosecuting Attorney. For the following eight years the district remained unchanged.

In 1846 Iowa was admitted into the Union, and all courts were reorganized. Louisa County became part of the First District, together with the counties of Lee, Henry and Des Moines. George H. Williams, of Lee County, was the first Judge, serving from 1847 until 1852, when he was succeeded by Ralph P. Lowe, also of Lee County, who served until 1857, when he resigned, and John W. Rankin was appointed to fill the vacancy, serving until the election of Thomas W. Claggett, one month afterward.

Under the Constitution of 1857, the same counties herebefore mentioned still continued to form the First District. Francis Springer, of Louisa County, was elected District Judge in 1858, re-elected in 1862, and in 1866, but resigned in 1869, being succeeded by Joshua Tracy, of Des Moines County, who was appointed by the Governor, and elected to the office in 1870. Judge Tracy resigned in 1874, and was succeeded by P. Henry Smyth, of Des Moines County, who served from April 25, 1874, until Sept. 25, 1874, when he, too, resigned, and Thomas W. Newman was appointed to fill the vacancy. He was elected a few weeks later and served one term, being succeeded by A. H. Stutsman, of Des Moines County, who was elected in 1878, re-elected in 1882, and served until 1886.

The General Assembly of the State passing an act for reorganization of the districts, Louisa County was placed in the Sixth District, together with the counties of Washington, Keokuk, Mahaska, Poweshiek and Jasper. In the fall of 1886 David Ryan, of Jasper County, J. K. Johnson, of Mahaska County, and W. R. Lewis, of Poweshiek County, were elected for a term of four years. Judge Johnson was assigned to Louisa County, and held his first term in the spring of 1887.

At the period of the organization of the Territory of Iowa, in July, 1838, there were no resident members of the bar in Louisa County. Francis Springer and Edward H. Thomas, who located at Wapello in December of that year, were the first resident practicing lawyers, though James M. Clark, who had settled in Wapello, and who was a member of the First Legislative Council of the Territory, was understood to have read law, had a moderate law library, but had not then, nor did he ever afterward practice as a member of the profession in Iowa. In speaking of these early days Judge Springer writes:

“In our Territorial years from 1838 to 1846 the county had two terms of court each year, a spring and a fall term. The bar in those years was mainly composed of lawyers from other counties, following the habit of nearly all practicing lawyers of that early day and sparsely settled period of the Territory, going round the circuit, and attending the courts in the several counties.”

Among the lawyers from the other counties who practiced in the courts of this county more or less, were Alfred Rich, Hugh T. Reid and Phillip Veile, of Lee; James W. Woods, David Rover, William W. Chapman, Milton D. Browning, Henry W. Starr and James W. Grimes, of Des Moines County; and Stephen Hastings, Stephen Whicher, Ralph P. Lowe, Jacob Butler and William G. Woodward, of Muscatine; these were able men and talented lawyers, who, many of them, subsequently became distinguished in public life as jurists and statesmen. The Territory had been divided into three judicial districts, known as the First, Second and Third, and one of the three Judges assigned to each. The county of Louisa was in the Second District. The first day or two of the term was as a United States Court for the transaction of such business as had arisen under the laws of Congress, a United States Marshal and a United States Attorney for the Territory being in attendance. The Grand Juries would be organized, and some put in the capacity . . .

Pg 602

. . . of a Grand Jury for the United States, and others as that of a Grand Jury for the Territory.

Coming after Mr. Springer and Mr. Thomas came John Bird, about 1841. He was for many years a leading member of the bar here, and is well and favorably known. Some years ago he moved to Burlington, where he now resides.

In 1854 James S. Hurley was admitted to the bar in this county, and now for more than a third of a century has been an honored member of the profession.

D. N. Sprague, who has been a member of the Louisa County bar for more than a third of a century, save a few years spent in Keokuk, came in 1855.

James M. Edwards came to the county in the “fifties,” as editor of a paper, was admitted to the bar, and practiced until about 1866.

Levi Chase came here about 1855 as a railroad contractor, read law with John Bird, and was admitted to the bar about 1858. After practicing about three years, he entered the service of his country in the War of the Rebellion, did his duty faithfully, and came out with the rank of Major. He never returned to Wapello, but went to California, where he has since attained distinction as a lawyer and a Democratic politician. A few years ago he was the candidate of his party for Lieutenant-Governor of his State.

A. M. Williams was admitted here about 1863, and continued in the practice of his profession until his death in 1871. He was a good solid man.

C. B. Holmes came here from Muscatine County about 1866, but remained only a short time. He was a young man of fine ability, and an excellent speaker. Mr. Holmes now resides in Audubon County, Iowa.

Charles Baldwin, from Keosauqua, came here about 1873, remained one year, left, and returned again, but soon moved to Burlington, and from there to Salt Lake City, where he now resides, and is doing well.

Robert H. Hanna was the first resident lawyer of Columbus Junction, moving to that place early in the “seventies.”

Other lawyers came in, but remained hardly long enough to be classed among the members of the profession in the county.

The present bar is composed of able men, the biographical sketches of whom have mostly been given in another part of this work. The following named comprise the list: D. N. Sprague, F. Courts, Jr., C. A. Carpenter, A. Springer, L. A. Riley, E. W. Tatlock, J. B. Wilson, Hurley & Hale, Gray & Tucker, A. W. Jarvis, John Huff, R. Caldwell and B. F. Wright.

Return to Historical Index

Return to Portrait and Biographical Album Contents

Page created March 31, 2014 by Lynn McCleary