Obrien County IA Archives History - Books .....Chapter XVII The Courts 1914
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Book Title: Past And Present Of O'Brien And Osceola Counties, Iowa
CHAPTER XVII.
THE COURTS.
There have been two courts of record in Iowa. The district court, having
general jurisdiction of civil and criminal matters, existed prior to the
organization of the county. In 1868 the circuit court, having exclusive
jurisdiction in probate matters and concurrent jurisdiction with the district
court in civil matters, was established. The circuit court was abolished in 1886.
The district court had exclusive jurisdiction in criminal cases. Since 1886
the district court has had exclusive jurisdiction of all court matters,
including civil, criminal and probate cases.
At the organization of the county it belonged to the fourth judicial
district, which was then composed of twenty-two counties in northwestern Iowa.
Later it was contracted to include Lyon, Osecola, Sioux, O'Brien, Cherokee,
Plymouth, Woodbury, Monona and Harrson [sic] counties. In 1886 Harrison county
was set off into the Council Bluffs district. The remaining counties composed
the district until March, 1913, when the six northern counties were set off to
constitute a new district-the twenty-first-leaving Monona and Woodbury composing
the fourth judicial district. Judges Boies and Hutchinson are sole judges of the
new twenty-first district.
Following is the schedule of district judges who have held office since
organization of the county: Asahel W. Hubbard, Woodbury county, 1860-62; Isaac
Pendleton, Woodbury county, 1863-66; Henry Ford, Harrison county, 1867-74;
Charles H. Lewis, Cherokee county, 1875-1890; Scott M. Ladd, O'Brien county,
1887-96; George W. Wakefield, Woodbury county, 1887-1905; Frank R. Gaynor,
Plymouth county, 1891-13; Anthony Van Wagenen, Lyon county, 1892-94; John F.
Oliver, Monona county, 1895; William Hutchinson, Sioux county, 1897; J. L.
Kennedy, Woodbury county, 1905-06; David Mould, Woodbury county, 1906; William
D. Boies, O'Brien county, 1913.
Asahel W. Hubbard held the first term of court in this county, and on March
23, 1861, issued an order fixing the first term to be held June 3, 1861, "to
continue in session two days if the business required it." No record of any such
term being made in the court minutes, it is safe to say that business did not
require it and the term was not held. April 24, 1862, a similar order issued
fixing the term to begin June 9, 1862, and continue for the same length of time.
This term was held according to the order and was of course held at the first
county seat, Old O'Brien. The court officials were H. C. Tiffey, clerk, and G.
Hoffman, sheriff. Henry Goilickson, Knude Stennerson and Christian Johnson,
formerly citizens of Norway, presented themselves for naturalization and upon
taking the oath of allegiance and fidelity to their adopted country, were
granted certificates recognizing them as full-fledged American citizens and
entitled to vote as such. In those days citizens were sorely needed and courts,
being less strictly limited by law and watched by federal inspetcors, were very
lenient in granting letters. A comparatively slight examination was required as
to their qualifications.
On the afternoon of June 10, 1862, the second day of the term, judgment was
entered by default against defendant in the suit of Kellogg and Kirby versus
Adolph Wehrmann, for the sum of four hundred and forty-nine dollars. Greeley
Gale & Company secured a decree against F. Wehrmann et al., setting aside a deed
that had been executed by Adolph and Augusta Wehrmann in favor of F. Wehrmann,
conveying two thousand one hundred and sixty acres of land in what is now known
as Omega, Lincoln and Summit townships, and establishing the lien of a certain
judgment against the lands. The records were then read, approved, and signed by
the trial judge and court adjourned.
Judge Hubbard served as a member of Congress from this district after the
end of his judicial career, his congressional experience extending from 1863 to
1869, inclusive. He was a prominent and distinguished pioneer citizen of and
identified with the beginnings of Sioux City. He built the first hotel and
organized the first railroad company in that vicinity. His son, Elbert H.
Hubbard, who finally succeeded him in Congress, was well and favorably known to
the later generation in this district.
Following this term there seems to have been a hiatus in judicial practice
in the limits of the county. Settlers were few and far between; business, on
account of war, was more or less depressed even in well populated centers, and
not a line of record appears during a period of over seven years, except the
occasional filing of a transcript of judgment from other counties to this county.
Isaac Pendleton, a judge in this district, never held a term of court here,
so far as the record shows. He was born in 1833, located in Sioux City in 1858
and resided there till his death, July 17, 1896. He was elected to office in
1862 as a Republican, but afterwards became a Democrat. Brilliant in his
literary attainments and learned in his profession, eloquent and possessing a
wide knowledge of the common affairs of life, he was an able and powerful
advocate of any cause he espoused, and was for many years the leading advocate
in northwestern Iowa. He may better be said to be the founder and father of the
Republican party in northwestern Iowa than any other man. He was a member of the
ninth General Assembly, a presidential elector in the second Grant campaign and
held many other places of trust and honor. He was a noble man, of brilliant
mind, of great power, and of the kindliest sympathies; noble in ambition and
aspiration and noble in his dealings with his fellow man.
Henry Ford, who had removed from Keosauqua, Iowa, to Magnolia, Harrison
county, in May, 1860, served one term as district attorney and three terms as
district judge, 1867-1874. Judge Ford's first term in the county was held in
November, 1870. The commencement of the term had been assigned for the second
day of the month, but, on account of delay in arrival of the judge, it was not
actually held until the 26th. The first foreclosure of a mortgage noted in the
county court records was entered November 26, 1870, when Webb Vincent, a Fort
Dodge baker, secured judgment against R. B. Crego and wife, foreclosing a
mortgage amounting to four hundred and fifty-nine dollars and costs against the
northeast quarter of section 36 in Waterman township. August 25, 1871, James and
John Shoup secured judgment against C. W. Inman and R. B. Crego and wife,
foreclosing a mortgage against lots 10, 11, 20 and 21 in town of O'Brien and
also the north half of the northwest quarter of section 36, Waterman township.
At the same term John L. Nicodemus secured a similar decree against Crego's
interest in two hundred acres on the same section for an indebtedness
aggregating one thousand dollars. On this same date Webb Vincent secured the
first judgment ever entered against the county in the local court. It was for
the sum of two thousand five hundred and three dollars. A. N. Bostford, of Fort
Dodge, was attorney for the plaintiff and Eugene Cowles, of Cherokee, appeared
for the county. This case was contested. The judgment was afterward satisfied in
full.
Among the early attorneys mentioned in the court records are Wilson & Dry,
I. M. Pemberton, Orson Rice and George F. Haswell. In June, 1872, the Iowa Falls
& Sioux City Railroad Company brought an action against the county treasurer and
secured an injunction restraining enforcement of taxes prior to the year 1872
against lands in this county, which at that time consisted of many thousands of
acres. The railroad company took the position that although they were
beneficiaries under a land grant made by Congress to the state of Iowa, that
they had not received a conveyance of the land from the state until July 3,
1871, and the lands could not be properly taxed prior to the year 1872. Hon. N.
M. Hubbard, of Cedar Rapids, who had served as district judge in 1865-66 and
later was prominently identified with the legal and political life of the state,
was one of the attorneys for plaintiff in this action and, illustrative of the
drudgery and labor connected with the practice of law in that time, one has but
to read the manifold pages of an extremely long petition all prepared by Judge
Hubbard in his own handwriting, Compared with the modern attorney, dictating his
pleading to a stenographer, we can see that there certainly has been
considerable advancement in the details of legal practice. Isaac Cook, another
ex-judge of the district court, was also associated with Judge Hubbard in this
suit. Later G. S. Robinson, of Storm Lake, and Joy & Wright appeared for
plaintiff. The county was represented by Eugene Cowles, Barrett & Allen and D.
A. W. Perkins. The litigation finally terminated in favor of the railroad
company, it being held exempt from taxation of its lands prior to 1872.
The first mention of a grand jury in the county is December 1, 1871, when
Judge Ford presided and C. H. Lewis, who afterwards became district judge, was
acting as district attorney. As such he was the prosecutor for the state in all
criminal actions. The district attorney found a defect in the method that had
been employed to select a grand jury and on his motion the venire was set aside
and a new panel of grand jurors drawn from a new venire. The fifteen so drawn
were Adam Towberman, L. C. Washburn, Horace Gilbert, P. A. Hurlburt, W. A. Acer,
John Wood, Robert E. Wood, Ed. Parker, Gus Baker, S. G. Sutter, Harley Day,
William Welch, John Brock, Miles Allen and Henry Smith. This grand jury found no
business for their consideration and were discharged.
April 12, 1872, Perkins Brothers Company secured judgment against the county
for the sum of two hundred dollars, but this was, of course, soon afterwards paid.
The June, 1872, term oi district court was conducted with the following
officers: Henry Ford, judge; C. H. Lewis, district attorney; Stephen Harris,
clerk; A. H. Willits, deputy clerk, and Ed. A. Nissen, sheriff.
The first fine imposed in the district court in a criminal case was upon a
plea of guilty. Henry Shultz confessed to an unlawful sale of intoxicating
liquor and was fined twenty dollars, a portion of the costs being taxed against
the county.
In 1874 attorneys were admitted to practice in the courts of the state upon
their application made to the district court. A committee of the bar was
appointed to examine the applicant and if he was found qualified or otherwise
proved himself a good fellow he was generally found proficient and recommended
for admission. This method was found very easy to the aspiring sprig of the law,
and the applicant today} when he considers the three years study under guidance
of competent instructors and an exhaustive examination before the supreme court,
now required, reads with longing eyes of the good old days of easy admission. As
an illustration of the laxity shown, we find the following proceedings in the
matter of application of Warren Walker for admission to the bar, filed in
district court, this county, in April, 1874. The court appointed Charley Allen,
Eugene Cowles and G. S. Robinson as a committee. The latter was a practicing
attorney at Storm Lake, and afterwards judge of the supreme court and member of
the state board of control. The report is as follows:
"The committee heretofore appointed to examine and report upon the
qualification of Warren Wralker to practice law as an attorney and counselor in
the courts of said state ask to submit the following as their report: The
committee find applicant to be a person of good moral character and that
applicant has some knowledge of the statutory laws and practice of said state,
acquired by reading works upon pleading and practice and by actual practice in
justices' courts. That applicant has never read any elementary work or
commentary upon the spirit and principles of common law. That applicant declares
his intention to procure and read such works as soon as possible.
"In view of the good moral character of applicant, the practical knowledge
of the statutory law already acquired by him, and his avowed purpose of pursuing
an extensive course of reading of standard works upon the elements and
principles of law, the committee recommends that the applicant be licensed to
practice as an attorney and counselor in the courts of the state of Iowa.
"17th day of April, A. D. 1874.
"By order of the Committee,
"CHARLEY ALLEN, Chairman."
The first jury case tried was in April, 1874, in Ransom Bartle vs. William
Lyle. D. A. W. Perkins was attorney for plaintiff and John Connell for
defendant. The jury found for plaintiff and assessed the amount to be recovered
at sixty-nine dollars and costs.
The circuit court extending, as has been said, in this state from 1868 to
1886, was presided over in this county by but four judges, Addison Oliver, John
R. Zuver, Daniel D. McCallum and George W. Wakefield.
Addison Oliver, born in 1833, was an early settler of Monona county and has
often been honored with the confidence of the people in election to office. In
1863 he served in the state Legislature as representative, and in 1865 served in
the state Senate. He held office as circuit judge from 1868 to 1873, inclusive,
at which later date he was elected to Congress and served in that capacity for
four years from this congressional district. He was a man of strong
individuality, honest, industious, [sic] talented and of strong will power. He
was public spirited, giving to his home town of Onawa a public library and
manual training school. His life work is studded with many instances of his
benevolences and kindnesses. He was a good fighter, strong in his likes and
dislikes and ever ready to defend his opinions and his just rights. Judge Oliver
was in charge of court in the first circuit only of this district, which
included Woodbury, Plymouth, Ida, Cherokee, O'Brien, Monona, Harrison and Shelby
counties.
The first term in this county began November 25, 1869. But one case was
disposed of at that term, an entry of default in the suit of Loren Inman vs.
Chester W. Inman. Judge Oliver believed in expediting business of trial work and
at the second term he held in the county he promulgated the following rules of
practice:
"First. The defendant shall demur or answer, or do both as to the original
petition before the morning of the second day of the term and as to an amended
petition by the convening of court at its next session after the same is filed.
"Second. The plaintiff shall demur or reply or do both as to the original
answer by noon of the second day of the term and to an amended or supplemental
answer, or answer after notice, or demurrer, by the convening of court at its
next session after the same is filed.
"Third. The defendant shall demur as to the reply by the convening of court
at its next session after the same is filed."
A proceeding in the probate court of Clinton county, Iowa, transcripted to
this county at this time, shows that H. F. Parker, J. R. Pumphrey and R. B.
Crego were appointed to fix the value of one hundred and twenty acres of land on
north half of section 31, in what is now Summit township, in the matter of
estate of Jacob Whistler, deceased. They valued the land at one thousand one
hundred and twenty dollars. Publication of the notice of sale was made in the
Sioux City Journal and the land was sold to the attorney for the estate for
three hundred dollars.
The first contested legal action in the circuit court is shown to have been
that of Tallmage E. Brown vs. Rouse B. Crego, as treasurer of the county. The
files in the action are missing from the clerk's office, but it is indicated
that the action was an attempt to mandamus the county officials. A demurrer to
the petition was sustained, the court finding that he had no jurisdiction. Same
entry was made in case of Eugene Childs against same defendant.
February 10, 1871, Judge Addison Oliver gives a side light on the sparsely
settled condition of the county when he orders:
"It appearing that there is no practicing physician or lawyer in the county
of O'Brien it is ordered that Dr. Butler and C. H. Lewis, Esq., of Cherokee
county, Iowa, be and they are hereby appointed as commissioners of insanity
protempore."
One wonders at the need of such a commission at that time when the
population was so small, but the need must have been great, for the court
entered another order July 4, 1871, appointing L. E. Head and B. F. McCormack as
members of the insane commission in place of the Cherokee county residents.
Judge Addison Oliver resigned his office in 1874, when he was elected to
Congress and J. R. Zuver was appointed to succeed him. He was afterward elected
to the office, but did not hold court regularly on account of declining health.
Under the arrangement two terms of circuit court and two terms of district court
were held each year, the different courts alternating.
Judge Zuver's early opportunities for education were limited, and not well
calculated to fit him for the bar. His life struggles commenced as a deck hand
on a tug boat on the Ohio river and he finally became captain of the boat.
Coming to Iowa in the sixties, he settled in Harrison county and was admitted to
the bar in 1868. He was rather austere and a man of many peculiarities. Of
strong convictions, he would not swerve from what he thought was the right. He
possessed a good legal mind, but was better adapted for the service at the bar
than on the bench. Frequently hasty and captious and zealous in the insistence
of his views, he often gave offense by the earnestness with which he expressed
his opinions. At one time he secured the disbarment of an attorney who had
offended him, but the supreme court reversed the action. The case is reported in
45 Iowa Supreme Court Reports, page 155. A Sioux City lawyer who came under the
ban of his displeasure was confined in jail as punishment for a contempt of
court, until he was released by Judge Lewis on a writ of habeas corpus. Becoming
physically disabled through a fall that resulted in an injury to his head, he
was unable to hold court, but continued in office for practically the last three
years of his term without holding court. In 1890 he removed from Sioux City to
Boulder, Colorado, where he died November 7, 1896.
Daniel D. McCallum, elected circuit judge in 1884, ended his service when
the court was abolished by the Legislature, in January, 1886. Judge McCallum
lived at Sibley, in Osceola county, was a man of pleasing personality and well
liked by the bar. At the conclusion of his term he thought that, having been
elected by the people to fill the office for a full term, the Legislature could
not sooner end the term by abolishing his court. The matter was tested in court,
but resulted adversely to Judge McCallum and other circuit judges who had been
legislated out of office. Judge McCallum died of cancer of the face in 1895.
George W. Wakefield, serving as circuit judge 1885-1886, did not hold court
in this comity during those years and will be spoken of later.
Charles H. Lewis was born in Erie county, New York, in 1839, and died
September 26, 1904. He served with distinction in an Iowa regiment in the Civil
War and engaged in the practice of law at Cherokee in an early day. From 1871 to
1875 he ably served as district attorney of this judicial district. In the fall
of 1874 he was elected district judge and held the office until January 1, 1887.
Craig L. Wright once wrote of him: "Personally he was the most lovable man to
those whom he knew well. His character was one of the purest and mere contact
with him left a marked impress. I have always had the highest regard for him as
a lawyer and a judge. Before the bar he was stronger in consultation than as an
advocate and was one of the most learned men who ever practiced in this state."
George W. Wakefield, born in 1839, died in Sioux City March 10, 1905. He
served in an Illinois regiment in the Civil War, was wounded at Jackson,
Mississippi, and entered the practice of law at an early day in Sioux City.
After his two years' service as circuit judge, he began his term as district
judge January 1, 1887, which service continued until his death. In early life he
became owner of some real estate in this county, which he held till shortly
before his death. He was kindly by nature, methodical in his habits and well
versed in the law. He had a high order of ability in logical analysis and marked
impartiality in his judicial methods and decisions. Besides his interest in law,
he was foremost in a number of scholarly and public activities that indicated
his breadth of mind and wide range of interests and studies. He was a forceful
personality, not because of any aggressive disposition, but rather because of
his modest and genial temperament, combined with distinguished ability that
compelled general dependence on his judgment and confidence in his sincerity.
Judge Ladd has been referred to in the chapter on the Bar. He was a good
politician because he conducted his office with industry, ability, integrity and
honesty. His service on the bench did not repress his sense of humor, however,
and frequently we hear stories from the older members of the bar as to his wit.
At one time he had taken an equity case under advisement and when some time had
elapsed with no decision, litigants and attorneys became anxious. As a smooth
way of suggesting to the court that it was time to decide the case, the
attorneys, after conference with each other, prepared and filed a motion asking
that the court issue an order to require the judge to render his decision. The
clerk was delegated to hand the motion to the judge and he slipped it upon his
desk and promptly withdrew. Judge Ladd read it to the end, but soon afterwards
placed on file his reply as follows:
"Come now the judge before whom this cause was tried and submitted and begs
to sumbit [sic] the following:
"He admits that decision in said cause has not been rendered, but as reason
therefor states: That there have been employed as attorneys in said cause
members of the bar who have so artfully twisted and concealed the facts and law
that decision of said case on its merits is impossible. Wherefore this judge
prays that he may go hence in peace."
The attorneys accepted the joke and were soon afterwards respectively
pleased and disappointed to hear from the judge with his decision.
Anthony Van Wagenen. appointed by Governor Boies in 1892 to fill vacancy
created by addition of another judge in this district, had been in the practice
at Rock Rapids in Lyon county. He made a good judge, but was ill during a
portion of his term, that precluded his holding all terms of court regularly. He
afterwards entered the practice at Sioux City and has been prominent in
Democratic councils and politics. He is a fluent speaker and talented in debate.
Frank R. Gaynor, elected to the district bench as a Democrat in 1891, later
became a Republican, largely turning upon the money question,-gold versus
silver,-that was an issue between the parties. Judge Gaynor resided at LeMars
and was a highly qualified lawyer, a thorough gentleman, kindly considerate of
all. He brought to his office a grace and dignity that charmed the bar,
litigants and court officials. His record in the appeals of cases to the supreme
court has been exceptionally good and he has long been considered one of the
strong judges of the state. In 1912 he was elected to the supreme bench and
began his office there with the year 1913.
John F. Oliver, elected first in the fall of 1894, has continuously served
as district judge to the present time, although his work has not brought him
into this county since we were set out of the fourth district in March, 1913. He
is a son of Addison Oliver, the pioneer circuit judge of this district, and
partakes of the strong qualities of his father. He is highly qualified as a
lawyer, well read and with a mind well fitted to study and digest the law and
come to the right conclusion. Absolutely honest in his decisions, his natural
sense of right and wrong has sometimes caused him to assist the litigant whose
case may not be quite properly presented, in getting the entire evidence before
the court and jury and thus he has at times antagonized some of the attorneys.
His continued service on the bench shows the high opinion of him held by the
voters and he has proven an acceptable judge.
William Hutchinson, of Sioux county, elected to the bench in 1896, is one of
the most popular judges. Of good legal training, a keen knowledge of human
nature, a polished and convincing speaker, he has shown marked ability in
rightly deciding the equities of matters presented to him for decision. Prior to
his elevation to the bench he had long served as a successful practitioner,
including service as county attorney of Sioux county. He possesses a clean
Christian character and is verily beloved by even the litigant whom he smiteth.
J. L. Kennedy, appointed to the judgeship to fill vacancy in 1905, served
till the end of his term, but was not a candidate for election. He was an
exceptionally good lawyer and successful in his practice and found the sacrifice
in income too great to longer continue in office.
David Mould, successor to Judge Wakefield, resides, in Sioux City. He is of
the same quiet temperament as Judge Wakefield, a good lawyer and a righteous judge.
Judge Boies, the youngest judge in point of service, has been discussed in
another chapter. His friends are pleased to note that he is giving universal
satisfaction as a judge, bringing to the office not only the ability but the
industry that results in quick trials, quick decisions and no business delayed.
Within the limits of this chapter it will be possible to give but
fragmentary statements in regard to a few of court officials.
Ed. Nissen was sheriff from 1872 to 1877, inclusive. He was a drinking man
and an indifferent officer. In his final campaign for office in 1877 he
canvassed the county and urged upon the voters, who had been sorely pressed by
creditors during their days of poverty that followed the grasshoppers and crop
failures, that he would be drunk most of the time and they could not expect him
to hurt them much in the way of serving process. Mart Shea, opposing him,
announced that while he would serve all papers handed him he would serve nothing
unless fees were paid in advance, and would not, as Nissen had done, extend
credit to persons desiring the papers served. The people believed in Shea and
elected him and, sure enough, when he demanded fees in advance, litigation fell
off and many creditors refused to sue when they had to pay in advance. Shea held
office for four years and was followed by W. C. Green, or, as he was familiarly
known, "Clark" Green. The latter had been a settler from the early day, closely
identified with the business life of the county, a merchant, and owner of half
the town plat of Primghar. Green held the office eight years and was an
exceptionally good and capable officer. During his term of office there was
commenced that sea of litigation over the railroad lands in the county that not
only kept the sheriff busy, but helped his finances as well. In one day the
Western Land Company, purchaser of the Chicago, Milwaukee & St. Paul Railway
lands, filed one hundred and fifteen suits in ejectment and the sheriff and his
deputies handled the notices in all these cases. At another time over fifty
similar cases were filed in one day. Green was a Democrat and his popularity was
shown in his repeated election in a county that normally was strongly Republican.
W. H. Noyes, who followed Clark Green as sheriff, had previously held office
as county recorder and made a good official. He was of a kind-hearted and
liberal disposition, careless in acquiring money, but ever ready to do another a
kindness, even at the sacrifice of his own pocketbook. In his office as sheriff
he was always ready to do his duty, but at the same time strove to make the
service as pleasant as possible to the defendant. He was followed by S. A.
Carter, O. F. Morgan, George Coleman, Theodore Price, J. G. Geister and H. W.
Geister, who have all ably filled the office.
One of the popular clerks of courts in the history of the county was Frank
A. Turner. An expert penman, a first class office man, with a genial smile,
obliging temperament and a desire to work, he was the favorite among attorneys.
He possessed a thorough legal knowledge and was able to assist many an attorney
in a perplexing question of practice. His kind-heartedness was proverbial and
while he did not leave the office with much of this world's goods to his credit,
he left it with the high regard and affection of every court official.
Indicative of this was the beautiful diamond watch charm presented to him by the
members of the bar at the last term of court which he attended. The method of
presentation was novel. Turner had been served with a subpoena in regular form
requiring his attendance before court as a witness and without knowing just what
case it was, but thinking it was one of the many matters wherein he was
frequently called to testify, he was made to take the oath of a witness and then
required to testify as to his length of service of clerk and asked to give his
opinion as to his quality of service rendered to the public. This line of
questioning was followed by a neat presentation speech by W. D. Boies, in which
the questions unanswered by Turner were explained to him and it was with tears
in his eyes that lie accepted the emblem of love and appreciation, and attempted
to express his thanks.
W. S. Armstrong, clerk for 1893 to 1896, inclusive, made a good record in
his office. He was well qualified for the position and possessed in connection
with his ability an affability and delightful personality that made him many
friends. S. A. Martin, E. R. Wood, H. C. May and W. J. E. Thatcher have all made
good clerks. Mr. Thatcher, from his legal knowledge, has always had a high sense
of his duty and has especially been diligent in keeping up the work of his
office, regularly checking bonds in probate matters and requiring filing of
reports and schedules that have been omitted by representatives of estates and
persons under disability. His administration has greatly expedited the
settlement of estates and completion of court business.
OFFICE OF SHERIFF.
The following is a list of the sheriffs of O'Brien county, with their terms
of office in calendar years unless otherwise stated: L. McClellan, from February
6, 1860, to January 1, 1861; Archibald Murray,. 1861; George Hoffman, 1862-1865;
Charles M. Stevenson, 1866-1867; Chancy Chesley, 1868; S. B. Hurlburt,
1869-1870; George A. McOmber, 1871; Ed. A. Nissen, 1872-1877; Mart Shea,
1878-1881; W. C. Green, 1882-18S9; W. H. Noyes, 1890-1893; S. A. Carter.
1894-1897; George Coleman, 1898-1901; Oscar F. Morgan from January 1, 1902, to
January 20, 1902 (died January 20, 1902). After Mr. Morgan's death Dr. F. E.
Brown, coroner, acted as ex-officio sheriff for ten days pending the appointment
of George Coleman, who acted under appointment for the balance of the term;
Theodore Price, 1903-1967; Joseph G. Geister, 1907-1910; Henry W. Geister,
1911-1914.
CLERK OF COURTS.
Relating to the office of clerk of courts, it is difficult from the records
up to January 1, 1871, at all times to determine either who was elected, who
qualified or who in fact was clerk. At the first election, February 6, 1860, it
is definite that Archibald Murray was elected and that Henry C. Tiffey was
elected for the term beginning January 1, 1863, and served until January 1,
1866, though in one place it would appear that John Moore acted as such at a
time in 1865, though that might be explained in that he might have acted as
deputy. John Moore was, however, elected for the term beginning January 1, 1867,
and he later resigned and Archibald Murray was appointed in his place, though
both the resignation and appointment are undated, though probably in 1868. At
the regular election held November 9, 1868, Hannibal H. Waterman was declared
elected, but evidently did not qualify, as the record again shows another
appointment of John Moore March 13, 1869. It also appears that John Stratton
acted in 1868, but by what process he got there the record does not disclose.
However there was but little work for a clerk of courts to do, other than to
draw the salary, until the settlers arrived in 1870. The first real clerk of the
courts was Stephen Harris, who was elected and assumed the office January 1, 1871.
The following is a list of clerks of courts since said date, each assuming.
his duties on January 1st of the year named: Stephen Harris, 1871-72; A. H.
Willitts, 1873-1878; Frank N. Derby, 1879-80; W. N. Strong, 1881-82; Frank A.
Turner, 1883-88: John W. Walter, 1889-92; William S. Armstrong, 1893-96; Scott
A. Martin, 1897-1900; Ed. R. Wood assumed the office January 1, 1901. His health
failing and later resulting in his death, John F. Boyer was, in May, 1903,
appointed clerk to fill the vacancy, first caused by his sickness and inability
to act and later death. Mr. Boyer served until November election for 1904, when
William H. Downing was elected for the vacancy and served six weeks; Harry C.
May, 1905-1908; W. J. E. Thatcher, 1909-1914.
Additional Comments:
Extracted from:
PAST AND PRESENT OF
O'Brien and Osceola Counties, Iowa
BY
HON. J. L. E. PECK and HON. O. H. MONTZHEIMER
For O'Brien County
AND
HON. WILLIAM J. MILLER
For Osceola County
VOL. I
ILLUSTRATED
1914
B. F. BOWEN & COMPANY, Inc. Indianapolis, Indiana
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