Josiah Given

  From the Annals of Iowa, Vol 8)


Josiah Given was born in Murrysville, Westmoreland Co., PA. Aug 31,
1828.  He died in Des Moines, Iowa Feb 3 1908.  His parents were John and Jane
Clendenning Given and they were from Ireland.  In the spring of 1838 the
family moved to Holmes Co., Ohio.  In 1847 Judge Given enlisted in the
Mexican War, becoming a member of Comp G, 4th Ohio Infantry and before
the close of that conflict he was made a corporal.  At the conclusion of
the war, he returned to Ohio and became a student of the law, in the office
of his older brother Judge William Given and his partner J.R. Bancroft, at
Millersburg, Ohio.  After two years of reading, he was admitted to the
bar in Stark Co., Ohio on the motion of Edwin M. Stanton.  The next year he
was elected prosecuting attorney of Holmes Co., serving in that capacity
for 2 terms.  In 1865 he removed to and opened office in Coshocton, and very soon

secured a satisfactory practice.  While attending court in that county, news came

of the firing on Fort Sumter and when finishing the case then on
trial in which he was engaged, he left the courtroom and did not return until the

end of the Civil War.  He immediately raised a company known as "K" 24th Ohio

Volunteer Inf., and was commissioned its Captain.  The summer of 1861 was spent

with his company in the mountains of West Virginia.  In the fall of that year he was transferred and promoted to Lieutenant Colonel of the 18th Ohio Volunteers.  While serving in that capacity, he was severely wounded at the Battle of Stone River, and by reason of conspicuous bravery was made a Colonel of the 74th Ohio Inf, his commission ensuing in the year 1863.
  He participated in 22 battles during the Civil War, for part of the time commanded the 3rd Brigade, 3rd Div., of the 14th Army Corp., and retired a Brig. Gen.  After the fall of Atlanta he resigned on account
of rheumatism contracted in the service.  He was the first to offer his services to Gen Shaw at the breaking out of the late war with Spain, but on account of his extreme age his enlistment was not accepted.  He was the
first commander of Crocker Post and the Commander of the Iowa Dept. of G.A.R. in the year 1886.  Few men have such an army record as had Judge Given; and he was never happier than when attending Grand Army meetings of
Old Soldier reunions.  His affection and love for "his boys" was extremely touching.  At the close of the war he was almost immediately elected Postmaster of the House Of Representatives of the 39th Congress, largely
thru the instrumentality of James A. Garfield, then a member of the house.
  Shortly after that he came to Des Moines, where he formed a partnership with his old law preceptor Judge J. R. Bancroft.  Here his eminent fitness for official duties was soon recognized and in 1871 he was elected District
Attorney of the district of which Polk Co. was a part; and in 1876 was elected to the State Legislature from Polk Co. serving in the committees of Judiciary, Appropriations, Compensation of Public Offices, City and
Towns, and Judicial Districts.

 Before election to the District Attorneyship he was appointed by General, then President Grant, Deputy Revenue
Commissioner, resigning that position when elected to the attorneyship.  In 1880 he was elected Circuit Judge of Polk Co. district then District Judge in 1886 and served in that capacity until appointed the Supreme Court bench by Gov Lanabu in Feb 1889, to fill the vacancy occasioned by the resignation of Judge Reed.  He was twice elected a Supreme Court Judge and Thrice served as Chief Justice, assuming that position upon his appointment by the Governor. Upon his retirement from the Supreme bench he was appointed to fill avacancy upon the district bench of his county.

 Judge Given was married at Millersburg, Ohio Oct 6, 1851 to Elizabeth Armor.  She died 12 years ago. The surviving children are Welker, Josiah Jr., William H. Given, and Mrs. Joseph Gardner all of Des Moines, and Frank and Thomas Given of Spokane Washington.

 Few men have had greater personal popularity than Judge Given. He had that sweetness of disposition, that kindness of heart, and that sympathy for and thoughtfulness of others which endeared him to all.  A quickness of comprehension and an almost intuitional divination of the very right in controversy, made him an exceptionally strong trial judge; and when promoted to the supreme bench he brought to it years of experience both at the bar and at the bench making him a valuable member of that body.  He never betrayed a friend or a trust and his ideals were of the highest.  No one ever challenged either his character or his motives. Distinguished as a soldier, eminent as a justice, and conspicuously honorable and just in his private life.  Judge Given's service both to the state and nation were inestimable value.
 

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COLONEL JOSIAH GIVEN:--General Johnson desires to express to you his high appreciation of the gallantry exhibited by the noble troops of your regiment in the night engagement of the 27th inst.  The admirable spirit displayed by the regiment on that occasion is, above all things, desirable and commendable.  Soldiers animated by such courage, and fortitude are capable of the highest achievements.
[Signed,] E.T. Wells, A.A.

The regiment, still under Colonel Given's command, was engaged in the performance of the most perilous and arduous duties at Kenesaw mountain, Chattahoochie River, Peach Tree Creek, and in front of Atlanta.  At the battle of Jonesboro, Colonel Given led the regiment in three distinct charges, on the afternoon of September 1, and shared in the general complimentary notice to all those engaged in that part of the fight, as follows:

HEADQUARTERS DIVISION FOURTEENTH ARMY CORPS.
Jonesboro, September 1864.

Circular--"The general commanding the division congratulates officers
and enlisted men of the Second and Third brigades on the success of
their splendid assault on the enemy, September 1, 1864.  They charged a
strongly entrenched double line. passing over swamps and through
thickets under a murderous fire of musketry, dragged the enemy out  of
his works at some points, and drove them out at others.  The troops
opposed to them were most celebrated for obstinate fighting of any
division of the rebel army.  The conduct of all was gratifying to our
commanding general, and the day should be remembered and celebrated by
every soldier engaged in battle.
"By order of Brigadier General W.P. Carlin.
"
(Signed)  G.W. Smith, A.A.G."


The Atlanta campaign ending here, Colonel Given resigned, and
returning to Coshocton, assisted this county so well in its management of its
draft quota that it had them filled with little or no trouble.  Colonel
Given is now a citizen of Iowa and is engaged in the practice of law.

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Graciously donated by

Paul Ingels