CIRCUIT COURT — COUNTY COURT

When Winnebago county was first brought under judicial organization, several years after it had been permanently organized as a county, it was made a part of the 11th judicial district. Winnebago was thus associated for judicial purposes with the counties of Boone, Hardin, Hamilton, Franklin, Marshall, Story, Webster and Wright.

The first term of district court in and for Winnebago county was held in June, 1859. The records of this term were burned, the first record available being dated June, 1862. At this term there were present: Hon. John Porter, judge; D.D. Chase, district attorney; E.D. Hinman, clerk; and Joseph Tennis, sheriff.

The grand jury was composed of the following gentlemen: David Secor, foreman; John Oulman, Augustus Oulman, C.D. Smith, B.F. Wellman, George Thomas, John S. Anderson, Darius Bray, E.A. Ames, A.P. Harper, Charles Lutz, Eugene Secor, Samuel Tennis, David Lentz and Howard S. Bottsford.

The petit jury consisted of the following names: John S. Blowers, foreman; James Church, Charles Church, Simon Trumbull, C.A. Steadman, John H.T. Ambrose, William Lackore, Hudson Lackore, George Lackore, James Lackore, J.K. Boyd, J.H. Day, James Pinckney, Robert Clark and Edwin Trumbull.

The first case to come before the court was entitled "State of Iowa vs. Ethan Allen King: for larceny. The case was ably discussed in all its features and the defendant was found guilty. The court ordered that the prisoner be held in bail of $500 for six days to await a warrant for his arrest from Floyd county, where the crime was committed. And further ordered that if not arrested by virtute of said warrant before the expiration of six days, the prisoner shall surrender himself to the sheriff of Winnebago county, and in default of so doing, the said sum $500 would be forfeited.

Hon. John Porter, first judge of the district to which Winnebago county was attached, was born in Washington Co., Penn., April 14, 1828. His boyhood life was spent in milling and farming during the summer season, and in attending the common schools in the winter. At the age of eighteen he commenced teaching district school, and for three years his time was passed alternately in teaching and attending school to perfect himself in the higher branches. He then entered the office of Todd, Hoffman & Hutchins, Warren, Ohio, where he read law some years. In 1854, on his admission to the bar, he located at Plymouth, Ind., where he remained two years and then removed to Mason City, Cerro Gordo Co., Iowa. He soon took high rank as a lawyer, and obtained a good practice for that day. In 1858 he was elected judge of the newly organized 11th judicial district, which positon he occupied until he resigned in 1866. The energy he displayed, with his quick and good judgment, earned him the good will of both the bar and people of the district. As a lawyer, he is recognized as being one of the best in the State, and is an honor to the Hardin county bar, of which county he is a resident.

In 1864 the 12 judicial district was created and Winnebago county became a part of it, being associated with the counties of Bremer, Butler, Cerro Gordo, Floyd, Hancock, Mitchell and Worth. Hon. William B. Fairfield was the first judge of the district. he was elected Nov. 8, 1864, his term commencing Jan. 1, 1865; was re-elected in 1868 and held the position until in 1870, when he resigned.

Hon. William B. Fairfield was a native of New York. He was a man of commanding appearance, with a noble, open countenance, and was a great deal more genial and unreserved than judges usually are. He had a thorough education, was well read, and had a complete understanding of his profession, although he was, at the same time, a man who liked to take matters easy. He resigned his position of judge in 1870 and went into the banking business at Charles City, Iowa. He is now dead.

When Mr. Fairfield resigned, in 1870, Hon. George W. Ruddick, who had been serving as circuit judge, was, upon petition, appointed district judge. In 1872 he was elected, and held until 1876, when he was again elected, and again in 1880.

Hon. George W. Ruddick was born in Sullivan Co., N.Y., May 13, 1835. Until fourteen years of age, he remained at home on his father's farm, his time being spent alternately at work and in attending the district school. On leaving home he went to Chester, Ohio, where he attended a seminary for one year. He then went to Kingsville, Ohio, where he remained two years then removed to Monticello, N.Y. After remaining in Monticello one year, he entered the law office of A.C. Niven, reading law with him for two years and a half. In the fall of 1855 he entered the Albany Law School, graduating therefrom in April, 1856. He was then admitted to the bar, and in July of that year started west. After stopping a few days at Delphi, Iowa, he went to Waverly, Bremer county, and at once entered upon the practice of his profession. In November, 1868, Mr. Ruddick was elected judge of the circuit court, and before the expiration of his term, was appointed judge of the district court to fill the vacancy occasioned by the resignation of Judge William B. Fairfield. Mr. Ruddick is a man of fine legal ability, with a thorough understanding of the law, and has made an acceptable judge. He has frequently been honored by his fellow citizens with offices of honor and trust. He was a member of the Legislature in 1860-1. He has also held the offices of county judge and county attorney. In politics he is a republican, and has been since the organization of that party.

Dec. 15, 1859, Judge Ruddick was united in marriage with Mary E. Strickland, of Andover, Ashtabula Co., Ohio. Five children have been born unto them, two of whom are living.

CIRCUIT COURT

By an act of the General Assembly passed and approved, April 3, 1868, circuit courts were established in the State, and each judicial district was divided into two circuits, in each of which, at the general election in November, 1868, and every four years thereafter, a circuit judge should be elected. Four terms of court were provided per year in each county, two district and two circuit. By this act the office of county judge was abolished, and all business of a legal nature pertaining to that office was transferred to the circuit court, which was also to have concurrent jurisdiction with the district court in all civil actions at law, and exclusive jurisdiction of all appeals and writs of error from justices' courts, mayors' courts and all other inferior tribunals, either in civil or criminal cases.

Winnebago became a part of the second circuit of the 12th district upon the act becoming a law in 1869, and the first term of court was held at Forest City, March 8, 1869, with Hon. H.N. Brockway on the bench. There were also present: H.K. Landru, sheriff; and Eugene Secor, clerk. The following named composed the jury: John Iverson, Augustus Oulman, D. Martin, John Millington, T.H. Peterson, G.P. Williams, William Higginbotham, N.K. Landru, Charles Brice, B.F. Wellman and John Charlson.

The first case which came up, was entitled DeWitt C. Hayes vs. Colburn Larson et al. Defendants not appearing, the case went by default to plaintiff, who was awarded judgment in the sum of $58.38 and costs of the case.

As stated, Hon. H.N. Brockway was the first circuit judge. He was elected in the fall of 1868 and held the office until Jan. 1, 1872, when Hon. Robert G. Reiniger, judge elect, took the bench as his successor.

COUNTY COURT

In 1851, by an act of the General Assembly, county courts were established and the office of county judge created. By the same act the office of probate judge was abolished, as were also the offices of county commissioners; the duties of the commissioners, and probate judge devolving upon the county judge. The county of Winnebago, not being organized until 1857, it had no probate judge or county commissioners. The first county judge was Robert Clark, one of the early settlers of the county. Upon Judge Clarke devolved the duty of perfecting the organization of the county, dividing it into townships, and such other work as was necessary to perfect a system of county government. He held the office until Jan. 1, 1862.

Judge Clark was a native of New York, born at Johnstown, June 5, 1825. He came west while yet a young man and resided at Rockford, Ill., for about three years. In 1856 he came to Winnebago county and became a permanent resident, residing in Forest City until his death, which occurred Aug. 12, 1876. In 1860 he was married to Rebecca A. Brentner, of Mason City. Three children were the fruits of this union -- Brentner, Duncan and Cora, the sons being at present in business at Forest City. Judge Clark was one of the most prominent men of his day, serving in a number of official capacities. For almost nine years he held the office of county treasurer, serving the county in a very efficient manner. In 1856 he laid out the town of Forest city, and thus identified himself particularly with its interests, for which he continually planned and labored. Mr. Clark was small in stature, heavy set and was a man of remarkable energy. He was well read and his decisions in a judicial capacity were full of justice and sound judgement. He was plain and unpretending in his manner, and what he did was done quietly and without the shadow of ostentation. His charity was proverbial, and his benevolence was shared by friend and foe alike. He has often been styled the "Father of Winnebago county," so free was he to lay hold of every good work and push it to the end. The poor always found in him a steadfast friend, and whenever asked to lend assistance to the needy he responded liberally and cherfully. The following little story is very appropriate to illustrate this characteristic of Judge Clark's: At one time the judge had his team and buggy before his door, just ready to go to Mason City, when a friend came up saying that he had important business to transact and would like to borrow the team and buggy for the day. The judge at once granted the request, returned to the house and postponed his going to Mason City till the following day. At another time Mr. Clark was in his office at the court house, when a poverty-stricken object came in and asked the judge to loan him $15, saying that his wagon had broken down, on his way to Mason City to market and that he could not get it fixed without some money. Mr. Clark took pity on the fellow and at once gave him $15. Very soon Mr. Clark went into one of the other county offices and asked if any one knew who the man was to whom he had given the money. He was answered by J.W. Mahoney, who handed back the $15 and said that he was the man; that they had conspired to see just how generous he was. These anecdotes fairly show the character of the judge to be of the most generous kind, and in all circumstances in which he was placed he proved true to this dominant characteristic.

The next county judge was J.K. Boyd who was elected in the fall of 1861. Mr. Boyd served one term very efficiently, and was succeeded in office by Samuel Tennis. Mr. Boyd was the second lawyer to locate in Winnebago county and is noticed at length in the bar chapter.

Samuel Tennis was elected in the fall of 1863, and re-elected in 1865 and 1867. In the winter of 1867-68 the office of county judge was abolished and Mr. Tennis became auditor of the county, which position he held one year, being succeeded by H.K. Landru.

Samuel Tennis is a native of Indiana. He became a permanent resident of this county in 1859, and for a time "kept tavern" in Forest city. In about 1861, Mr. Tennis moved to the north part of the county and has since lived on a farm. He had never acquired a classical education, but was quite observant of things transpiring about him, a great reader and served in his official capacity with much credit to himself and to the satisfaction of all. He was full of energy and life force and although now about ninety-six or seven years old, is hale and hearty and apparently good for ten years more of life. His children are six in number -- Philip, William, Joseph, Kate, Louisa and Anna.

¹History of Kossuth, Hancock and Winnebago Counties, Iowa. Springfield, Illinois: Union Publishing Company, 1884. 784-88.