Chapter XIX…

Chapter XIX

Some of the Old Settlers

It is, perhaps, impossible to say even now with any degree of certainty, who was the first actual settler in Linn county. However, it is not very difficult to mention at least some of the early settlers. It is said that Dyer Usher and James Ames came up the Cedar river as far as the rapids on a hunting expedition as early as the spring of 1836; how long these men remained in what later became Linn county is not known, but it is not likely that they stayed very long. We have pretty good evidence that later during the summer came Daniel C. Doty, his two sons, James, and Elias, and nephew, Jacob Crane, as far as Bertram and viewed the country expecting to locate when land was thrown open for settlement. Mr. Doty was born in Essex county, New Jersey, in 1764, had early drifted west to Cincinnati, and by boat had come down the Ohio and up the Mississippi, landing at what is now Muscatine. His children were born in Ohio. They followed the Cedar river until they struck what became later Linn county to locate claims. There were no settlers here, and they found no people with whom to converse, but figured that here would be a good location to get cheap land when this land was opened for settlement. They returned to Ohio for their families, expecting to return the following spring, but they did not, in fact, return for three years on account of the financial depression. Israel Mitchell staked out the town first called Westport in July, 1838, which town was later called Newark, named in honor of Newark, New Jersey, where the family originally came from. Here Elias Doty, Jr., was born in October, 1841. Elias Doty, Sr., erected the first sawmill on Big creek in 1841, in the erection of which mill he was killed in the raising of the timbers. Daniel Doty, Sr., had the following sons, to-wit: James, Elias, John, and Daniel, all young men who early drifted west. Daniel C. Doty, the father of these sons, was never a resident of this county, but simply came here to find homes for his children. He died in Ohio in 1849; the widow died in Ohio in 1863 at the advanced age of ninety-eight.

James Doty, born in 1809, was the first real pottery maker in Iowa. He had learned the trade in Ohio. This crude pottery building was standing on the old homestead up to within a few years ago. At the time of his death, January 17, 1847, he had over three hundred jars, jugs, crocks, etc., ready for delivery. In this early day there was great demand for such merchandise as it was something every farmer had to have, and it could only be obtained in a few places and at high prices on account of the transportation.

Another Linn county pioneer well known in the early days was Israel Mitchell, who staked out the town of Westport in 1838. Mr. Mitchell was born in Kentucky, January 15, 1796, the son of Moses Mitchell, of Scotch descent, and on the mother's side, Elizabeth Grant, of Welsh descent, and a near relative of Daniel Boone, the Indian fighter. As a young man Israel Mitchell attended a Kentucky college and graduated therefrom. He studied for the ministry, but gave that up on account of his voice, and later took a course in medicine, but gave up the practice, as his step-daughter, Mrs. Slavin, writes, "because he was too tender hearted." He had studied law as well as surveying. After his marriage he removed to Ohio in the early '20s with his wife and two children, viz: Angeline and John Mitchell. He soon drifted into Indiana, and from there he removed to Wisconsin, working in the lead mines near Apple river in the southwest part of the state as surveyor. From Wisconsin he came by way of Dubuque to Linn county in the spring of 1838 in company with John, James, and Chamber Hunter, and Jacob Leabo. They all settled on the banks of the Cedar river in sections 32 and 33, township 83, range 6. Mr. Mitchell was a widower at this time and he and his children stayed with the Leabo family. At Marion he married Mrs. Mary Ross, nee Mary Arnold, a native of Princeton, New Jersey, on November 7, 1845, Esquire Goudy, one of the first justices of the peace, performing the marriage ceremony according to the territorial laws of Iowa. Of this marriage were born five children: Luther H., Caroline, Israel, Boone, and Maris Morton. By her first marriage Mrs. Ross had four children. She died in Oregon in 1858.

Mr. Mitchell sat on the first grand jury summoned in the county, was one of the first justices of the peace in the county, and was also the first probate judge. He acted as a frontier lawyer, did more or less surveying, at which he was an expert, and in many ways was a most useful man to the community. Mr. Mitchell was a true southerner, his home was always open, and he did much entertaining. He spent much of his time interesting his friends and acquaintances in new enterprises, and in various ways tried to build up a great town on the banks of the Cedar river. Whether it was due to the failure of his new town to materialize or the western fever that got hold of him, we do not know, but just at a time when he should have remained he saw fit to emigrate, going with oxen overland with his family in 1847, locating about eight miles southwest of Portland, Oregon. Here he tilled the soil and became a noted surveyor. In 1873 he returned to Linn county to visit his old friends, giving glowing descriptions of the far west and especially of the Spokane country. On his return by way of San Francisco to Portland he fell in one of the gangways on the steamer, and received injuries from which he died a few days later after reaching home. Mr. Mitchell was a member of the Presbyterian church and affiliated with the democratic party. J. J. Daniels, his old friend, described Judge Mitchell as follows: "He was truly an educated man, and in early life had learned the science of surveying, and this was the work he was particularly called for; when not engaged in this occupation he farmed and kept a ferry. When the writer became acquainted with him on the Cedar river he was an active man on foot and could swim almost equal to a duck; bathing in the Cedar in warm weather was his usual custom. He was a medium sized man and stood very straight and erect, having black hair a little tinged with grey, large blue eyes, a high, round forehead, and in appearance resembled Edgar A. Poe, and was equally as brilliant a poet as Poe, having enough manuscript to make a book of poems. He was truly a Christian man in many acts of kindness, and verified his profession of faith in a true Christian religion."

Robert Ellis, Linn county's oldest living settler, was born in Westmoreland, county, Pennsylvania, January 20, 1817, emigrated to Ohio in 1837, later to Michigan, and started on foot to Iowa Territory in the winter of 1838. He remained for a few weeks in Cedar county and started again on foot looking for a claim in the timber near some river. Coming to the present site of Cedar Rapids the first man he found was a man by the name of Hull, who held down a claim where the T. M. Sinclair Company packing house is now located; coming further up along the river he found the tavern of Osgood Shepherd. Mr. Ellis liked the place and staked out his claim on his present location near what is known as Ellis Park. He was at work there cutting wood one day when Shepherd came along with another man, and insisted that this claim belonged to him. Ellis was not easily frightened, and as Shepherd was going to attack him, Ellis raised his ax and threatened to chop his head in two if he took another step. This threatening attitude on the part of Ellis frightened Shepherd and he and his companion retreated, Ellis never being disturbed afterwards. Shepherd never referred to the matter. The next summer when Shepherd's father died Ellis and Lichtebarger made the coffin and assisted at the burial, when Shepherd seemed to be very much touched by the kindness of these two men and thanked them profusely.

Ellis became a friend of the Lichtebarger boys and also of O. S. Bolling. Bolling and Ellis assisted Tom Lewis, the old pioneer, to get his wagon and cattle across the river when he came west to locate, on what became later known as "Lewis Bottoms." Ellis worked for awhile at the Winnebago Mission at Ft. Atkinson, Iowa, where he met a number of military men who later became known in the Mexican war, as well as in the Civil war.

As he was frequently in company with men who took newspapers and who had travelled about the country, he heard of the gold excitement in California and at once crossed the country to Marion wanting to go west. At Marion he met Dan Mentzer, a man by the name of Harvey, and another person by the name of Green. They purchased an outfit and started for California in April, 1849, arriving at the diggings in that state the same summer after many hard experiences. He remained for several years digging gold as a placer miner and keeping a grocery store, and for a time he ran a stage between Georgetown and Coloma, earning express, passengers, and the mail. Here he met and associated with Sutter, the old German who discovered the first gold diggings, as well as his partner, saw Fair, Huntington, Mackey, and the boisterous Stewart, some of them "running saloons today and owning mines tomorrow." After remaining in California for seven years he returned home by way of the Nicaragua route and there met and talked with General Walker, the famous filibusterer.

Philip Hull, according to Robert Ellis, had arrived in what became Cedar Rapids just a very few weeks before he came. He says: "Hull was of my age and I took a liking to him. He weighed about 170 pounds, was about five feet eight inches tall, had dark hair and was stoop shouldered. He was a native of Ohio, and returned to Illinois or Ohio in 1840 to get married, as he was very lonesome out here on the prairies of Iowa. Hull never returned to Cedar Rapids. Mr. Hull and I walked to William Abbe's and bought four yoke of oxen, a wagon, and a breaking plow. We had but little money so we agreed that in payment for this property we should break 75 acres of land and cut and split 10,000 rails, which we did. It took two men to break, one to handle the cattle and one to hold the plow. It was no easy job on a hot day when the oxen would pull for a pond with all their might if not closely watched, and many were the times they would give us the slip and would lie down in the pond and we could do nothing but wait till the air cooled and night came on. Neither one of us made anything, and I saw nothing of Mr. Hull till I met him at Sacramento, California, where he had preceded me by several months. We often talked over our lives in Linn county, neither one at the time even believing that Cedar Rapids had any future. Hull was an agreeable companion, a splendid fellow and square in all his dealings. He preferred frontier life and would be content in no other locality except on the frontier."

Ellis says further of Wm. Abbe:

"Abbe and I were in partnership in dealing with the government. Abbe made the deals with the government and I made most of the purchases from the settlers. At one time Abbe and I had just completed a contract with the government for provisions, and then Indian Agent Harvey in St. Louis insisted that we must also furnish 100 cattle within six days at Ft. Atkinson. This was rather a difficult task but Abbe said we had to do it and we rode away in a hurry back home to buy up cattle and drive them back to be there in time. We worked day and night and had the cattle at Ft. Atkinson on time. As Abbe had to go to Prairie du Chien I was ordered to return home with $1,000.00 in gold which had been paid for the cattle. I did not like to go alone over the open prairie with the money but there was no way out of it and so I started bright and early. That night I reached Quasqueton and stayed over night at a small tavern where there were all kinds of people hanging about. The next day I set out again and got down in the neighborhood of Center Point and there spied a deer. I got off my horse and loaded my gun, aimed, and fired. The horse shied and off it started on a dead run with the gold in the saddle bags. I next wanted to shoot the horse for it was worth much less than the money, but before I could reload the horse was out of range. I ran as fast as I could and in an hour found the horse tied to a tree in the timber with the gold safe in the saddle bags."

Asked how about the deer, Mr. Ellis replied, "Well, I never took time to see whether I killed that deer or not. I was so excited about that gold and that horse that I forgot the deer at that time and never turned around to look."

Since his return home Mr. Ellis has lived quietly on his claim, which now for the most part has been platted into city lots. Mr. Ellis is the only person now living who can remember when he saw one cabin here become a city of 34,000 inhabitants.

John J. Daniels, the son of Jeremiah Daniels, came to Bertram township in the spring of 1844, his father entering land on what is known as Indian creek, erecting a log house and barn thereon. J. J. Daniels was one of the first school teachers in the county. He held many township offices, and was for a time county recorder. Jerry Daniels died in 1882, and John J. Daniels a short time ago.

James Bassitt and wife came to Linn county in March, 1839, and Mrs. Bassitt is supposed to have been the first white woman to cross Indian creek, a stream which empties into the Cedar river below Cedar Rapids. A short time afterwards Rufus H. and Sarah Ann Lucore came from Pennsylvania and stopped with the Bassitts. On the first day of April, 1839, arrived Joseph H. and John Lichtebarger, locating on what became Kingston or West Cedar Rapids; later a brother, Isaac, also arrived. These brothers erected one of the first cabins, in May of that year, on the west side of the river. It is still standing.

At what became Central City arrived in August, 1839, Joseph Clark and family; this place was for a long time known as Clark's Ford. Here Mr. Clark erected a primitive grist mill by selecting a hollow gum and placing in the trunk of the tree a stone; upon this was placed another stone which was operated by a long sweep and turned on a pivot; in this rude manner enough meal was ground out to supply the family.

Joel and James Leverich arrived in this county some time in 1839, and chose for their home what became later known as "Mound Farm." Ira Leverich jumped a claim which had been staked out in April of this year by Rufus Lucore and after more or less trouble, in which the settlers took Lucore's part, Leverich had to yield and give up his pretended right. Joel was a noted character. He is described as a man of commanding presence. For a number of years he controlled the elections and it was told that "as Joel Leverich went so went Linn county." Dr. S. D. Carpenter, who arrived in 1849, has the following to say about Joel Leverich: "I had hardly got settled until I was interviewed by old Joel Leverich, the noted character of Linn county of that day. He was known as the 'bogus coon' because, as was alleged, he had to do with counterfeiters. He was a power in politics and was the kind of a man from which the modern boss has evoluted. Joel looked me over, asked where I was from, where I was going, and what my business was, etc. I was somewhat indignant and tried to be sarcastic, but Joel in terminating his interview with me squelched me by remarking, 'Young man, a fellow who wears such a hat as you may pass in this country, but I consider it d--d doubtful.' I, unfortunately, wore a black plug hat which was not the style in Iowa at that time. In after years Joe and I became fast friends and I became quite convinced that the shady stories told of him were the talk of enemies who were jealous of him because he was smarter than the greater majority of them. I was with him when he died and although he was a free thinker he passed away with all the calmness of a stoic philosopher." When on his death bed some one said to Leverich, "Joe, you have burned the candle at both ends." "Yes," he replied, "and now it burns me in the middle."

George R. Carroll in his Pioneer History, speaking of Leverich, says: "The Mound Farm did not remain long in the possession of Broady, possibly a year and a half, when it came into possession of the notorious Joel Leverich; everybody knew him and everybody dreaded him, especially when he was under the influence of liquor, which was often the case. Even his best friends then felt it to be prudent to give him a wide berth, not knowing what instant he would take it into his head to knock them down. Whiskey seemed to make a demon of him, and to attempt to reason with him while under its influence would have been as futile as to try to reason with a cyclone. His poor wife, a most patient and estimable Christian woman, would sometimes hide away from him for days lest in his fits of uncontrol and uncontrollable passion he might take her life. And yet old Joe, as he was popularly called, had a good deal of influence in the community. He was a strong partisan politician, and whoever arrayed himself against him was sure to have a hard battle to fight and in the end would very likely meet with defeat. He was as keen and cunning and wily as the old serpent himself, and it was very hard to circumvent him in his plans. He was accused of harboring horse thieves and of making counterfeit money; as to whether he ever did either or not I could not say."

While T. S. Parvin was United States attorney at Muscatine Joel Leverich was tried for counterfeiting, and while Parvin had said some hard things about Joel's mode of making a living he had also said some very nice things about Joel's wife. Later Leverich called on Parvin at the hotel, insisting upon speaking with him. Parvin's friends warned him not to do so as Joe would likely kill him, but Mr. Parvin thought he would take his chance and Joe did see him. Leverich said, "Ain't you afraid of me?" "No," replied Parvin, "you can kill me if you want to but you cannot scare me." "Well," replied Joe, "I admire your grit; I came not to scare you or to hurt you but to tell you that you did tell the truth about my wife." Some time after that Parvin passed where Leverich lived and accepted of Mr. Leverich's hospitality.

Joel Leverich's brother, James, was a saloonkeeper in Cedar Rapids and when he ascertained that Joel's death was due to his dissipation, causing a serious stomach trouble, he quit the business. Joel Leverich sold his claim in 1843 to Judge Greene. He resided near the McCloud Run for a short time and then moved to town, dying in the '40s.

One of the most unique characters in Cedar Rapids, and a person we know the least about, was Osgood Shepherd, who was a hunter and trapper and who is said to have erected the first log cabin on the banks of the Cedar river where the Y. M. C. A. building now stands, unless Wilbert Stone's claim is correct that he was first. When Robert Ellis came to the Shepherd tavern in April or May, 1838, Shepherd had lived here for some time. He had a wife and his father was living with him at that time, and he also had a number of men who hung about his place, but what their business was no one knew. The log house was about 16×20, covered with clapboards which were held in place by logs on top with ends protruding at the gables. There were also in the family three children, who made things lively about the house. This small cabin was known as Shepherd's Tavern. From Mr. Ellis's description of Shepherd, he was more than six feet tall, of a sandy or reddish complexion, was good natured as a rule and was an accommodating and agreeable landlord. He was accused of being a horse thief, but Mr. Ellis does not know that he ever engaged in this kind of business. However, this is true, that his morals were not of the highest order and it is believed that he harbored horse thieves who, in fact, were his special favorites. On the various islands in the river they secreted their stolen goods. It was also stated that in Wisconsin he was convicted of horse stealing and sent to the penitentiary, but how true this is no one knows. His father and one or two children died here and were buried on top of the hill where the Cedar Rapids Candy Company's large building has since been erected. Mr. Ellis says that Shepherd told him he was from New York state and for some time had been a sailor on the lakes before coming west. He held all the land as a squatter, and when N. B. Brown, Addison Daniels, H. G. Angle, and others came they had to buy Shepherd off in order to get title to this property. The patent to this land was dated December 1, 1845, although quit claim deeds and prior rights were dated in 1843, Addison Daniels and Nicholas B. Brown being the patentees. The patents included grants in the amount of two hundred and sixty-nine acres, and showed that they had paid the amount due at the land office at Marion according to the provisions of Act of Congress of April 24, 1820.

Osgood Shepherd had a friend named Bill Fisher, who always stuck by him, and of whom Shepherd's father used to say, "that when he moved something was going to happen, but it was not very often that he moved." He was a slow-going, lazy sort of an individual, and what Shepherd saw in Fisher, Ellis never knew. Nothing is known of Fisher and what became of him. In the fall of 1841 Shepherd removed to Wisconsin and was later killed in a railway accident. His widow married a person by the name of Carpenter and removed to Linn county, residing near Center Point. What became of the Shepherd family no one has been able to learn.

Osgood Shepherd and the pioneer settlers with whom he associated were perhaps no worse or no better than the average frontiersmen. They had been trained in hardship and sordid poverty, and the women bore the stamp of the early pioneers, devoted to their families, shirking no hardships, ever willing to move westward on account of the freedom gained and the opportunities offered.

Of a different type of mankind was the progressive, enterprising and enthusiastic Nicholas B. Brown, who purchased Shepherd's claim, the most prominent figure in the history of the early days of Cedar Rapids. Mr. Brown arrived in 1840, purchasing the rights of Shepherd with Addison Daniels and others. On August 4, 1841, he began surveying what was then known as Rapids City. He improved the water power which Brown early foresaw would make the town. A saw mill was completed in 1842 and the waters of the Cedar began to make its machinery hum; this was the first real enterprise of which the town could be proud. A woolen factory was also erected by Brown, which was later disposed of to the Bryan family. In 1846 and 1847 a grist mill was also added. On account of his many enterprises in which he had to depend on others Mr. Brown was involved in much litigation, but he was a born fighter for whatever he thought was right and accumulated a fortune because he had the tenacity of purpose to hold on to what he had purchased. As a pioneer he did some excellent work and certainly was one of the shrewdest business men of Cedar Rapids in his day and generation.

Mr. Brown was born in the state of New Jersey in 1814, removing as a young man to the state of Kentucky. His first wife was Catherine Craig, daughter of Thomas Craig, one of the pioneers. She lived only a few years. His second wife was Susan Emery, daughter of one of the early settlers of this city. Mr. Brown died in 1880, one of the most honored and respected men in the community, survived by his widow and two sons, Emery Brown and Harry Brown. The widow died in 1909, one of the best known and most respected in the city, having personally known nearly all of the settlers in the '50s and '60s.

Dyer Usher is said to have hunted and trapped in Linn county as early as 1836 in company with one Jim Ames; how true this is cannot be ascertained, but he did come to locate in 1838. He came of a sturdy family, was born in Ohio, and at the age of eighteen in 1832 he crossed the Mississippi, being one of the first white settlers to step upon Iowa soil. Mr. Usher brought the first divorce suit in Linn county. This business has grown by leaps and bounds since that time. He attended for a number of years the old settlers meetings and was a well known figure in the early days in this county. Mr. Usher was thrifty, honest, and fair in his dealings. He died December 11, 1894, at the age of eighty years. His widow, Rosanna Harris, died in 1909 at Covington at the age of seventy-nine. She was born June 6, 1829, in London, Canada, and with her parents emigrated to Iowa in 1845. She was united in marriage to Dyer Usher July 29, 1847. To this union were born twelve children, of whom five survived her: Willard R., of Alberta, Canada, Mrs. Alice Harris, of Estherville, Mrs. A. H. Miller, of Cedar Rapids, Mrs. Ray Lockhart, of Shellsburg, and Dyer N. Usher, of Covington. She had been a resident of Linn county for sixty-three years.

It is still a disputed question as to who was the first actual settler on what later became Cedar Rapids. It is true that Shepherd ran a sort of hotel or tavern and was the best known man in this part of the country in that early date, but it is not likely that he was the first man to build a log cabin here. Philip Hull had been located in the lower end, when Ellis arrived in 1838, and Ellis also found William or Wilbert Stone in possession of the land on the west side of the river, and he was the one who staked out what he called "Columbus" in 1838, having previously staked out Westport and sold his claim to John Henry.

Information as regards William Stone has lately been discovered through a daughter residing at North Liberty. She states that her father's name was James Wilbert Stone, but he was commonly called William or Billy; that he was born in the state of Rhode Island and drifted west into Iowa in 1832 or 1833, and that he always asserted that he built the first cabin on land which later became Cedar Rapids. It is said that he drifted west by way of Muscatine or Rock Island and followed the Cedar river as far as Ivanhoe, later coming to the rapids of the Cedar river. Mr. Ellis says that he knew William Stone very well; that he was a quiet, congenial, splendid fellow, and at this time resided on the west side, having a claim along the river extending northward to the bluff, and that a Mr. Galloway claimed south of a large cottonwood tree on the same side of the river. Stone and Galloway were on good terms and owned the adjoining claims. John Young and a man by the name of Granger, O. Shepherd, and Philip Hull were the owners or claimants of the land on the east side of the river. The daughter of Stone asserts that her father always said that he first located his claim on the east side of the river. It may be that Stone may have moved across the river after Shepherd erected his tavern, and made claim to the land near and adjoining the rapids. It is intimated by Ellis that Stone and Shepherd were not on the best of terms and Shepherd, being a large, pompous kind of a person, he might have driven the more quiet and less assertive new neighbor across the river. The daughter of William Stone, or James Wilbert Stone, Mrs. Elizabeth Hrdlicka, states that her father bought goods and traded with the Indians for furs for some years, and that the last time her father talked to her he told her that he was sorry he ever gave up the town of Cedar Rapids but did not think then that it would amount to anything. In 1843 he removed from what was Cedar Rapids to the Iowa river and married Elizabeth G. Brown and settled in Oxford township, Johnson county. To this union were born two girls: one, the eldest, died and the second girl, Elizabeth, now Mrs. Hrdlicka, was taken by her grandfather, Joseph Brown, on her mother's death when the daughter was only four weeks old. After the death of his wife Stone removed to Hudson, St. Croix county, Wisconsin. He returned to see his daughter about once a year. He died at the age of forty-eight years in the state of Wisconsin.

It seems from the story of the daughter of Stone, who is still living, that James Wilbert Stone was undoubtedly the first actual settler on the site which later became Cedar Rapids. From investigation it seems that Shepherd may have jumped Stone's claim and for that reason Stone removed across the river.

In Bailey & Hair's Gazetteer, 1865, the following mention is made of William Stone: "The next [town site] in order of time was called Columbus, built by William Stone, in September, 1838. He abandoned his town the next spring, then being a single log cabin. The site was that occupied by the present city of Cedar Rapids."

Mr. Stone was a speculator and a trader and had made some money trading with the Indians prior to the advent of Shepherd. This is true, that Stone did not harbor any people of unsavory reputations, and his whole life bears the imprint that he was a gentleman even on the frontier. Such a person people would not remember as well as a frontier character like Shepherd. Shepherd, on the other hand, whatever may have been his failings, was a man of a big heart, who attracted people to him. He had the love of adventure, and it is not any secret but that he harbored thieves and gave them more or less encouragement. Mr. Stone, on the other hand, was an honest, quiet man, the opposite of his neighbor, and it is not to be wondered at that they did not get along.

Another settler who came here at an early date was O. S. Bowling, or Bolling, who came in the summer of 1838 making a claim on the west side of the river and in whose honor Bowling's Hill in the south part of the town was named. Mr. Bowling was a quiet man, a good neighbor, and one universally loved by the old settlers.

In June, 1839, came Thomas Gainor and David W. King. These gentlemen found Wilbert Stone, the Lichtebarger brothers, and the claims of Young, Hull, Ellis, and Bowling. It is said that Mrs. Rosanna Gainer, wife of Thomas Gainer, was the first white woman to locate on the west bank of the river and consequently would be the second woman to locate in what became Cedar Rapids, Mrs. Osgood Shepherd being the first. Mrs. Gainer did not reside long in Cedar Rapids, as she died June 8, 1840, giving birth to a daughter who also died the same summer.

David W. King became one of the most enterprising of the men of that early day. He ran a ferry, platted the town of Kingston, and died, the owner of much land, in the autumn of 1854. His death caused much sorrow in Cedar Rapids.

In July, 1839, arrived Isaac Carroll and family, consisting of nine persons, all of whom were well known by the early settlers. A son, Rev. George R. Carroll, has written interestingly of the Carrolls, Weares, and others of the early settlers in his Pioneer Life in and Around Cedar Rapids from 1839 to 1849.

Another early character was John Vardy, who arrived in July 1841, and built, it is stated, the first frame house at the corner of Third street and Sixth avenue, during the summer of 1842. Mr. Vardy was a cabinet maker and an all-round person in the use of tools. He removed to Texas in 1856 where he died in the fall of 1878.

Another of the old settlers was Thomas Downing, a native of Posey county, Indiana, and a tailor by trade who at the age of nineteen drifted into Iowa and in the early '40s came to Linn county. He was a clerk in the Daniels Company store, removing in 1855 to Waverly to conduct a business for Greene Bros., of Cedar Rapids. He died in Waverly in 1896.

Samuel F. Hook was another of the residents of Cedar Rapids who came in 1845 at the age of twenty-one, a native of the state of Virginia. He died in 1848, and it is thought he was one of the first, if not the first, real store keeper within the boundaries of what became Cedar Rapids.

J. H. Kelsey was born in New York state in 1819, and arrived in Cedar Rapids in 1848. He was a carpenter by trade. He removed to Vinton in 1863, going later to Nebraska where he passed away some time ago.

Steve L. Pollock, a native of Pennsylvania, arrived in Cedar Rapids in the early '40s and married Marilla Lucore, a daughter of one of the early settlers, in March, 1844. He was the pioneer blacksmith and is supposed to have built the third or fourth house in the city. Harrison Campbell, it is stated, was the owner of the first blacksmith shop, in 1843. Mr. Pollock emigrated west in 1865 and died in Hood River, Oregon, in 1902. He was a brother-in-law of William Stewart, one of the old settlers of this city, both of them well and favorably known among the early pioneers of Cedar Rapids.

Hiram Deem was a native of Ohio and at the age of twenty-eight or twenty-nine located at Cedar Rapids and hired out to N. B. Brown. He helped to build the dam across the river, erected saw mills, and otherwise was a very useful man in a town with the boom spirit that Cedar Rapids had at that time. He was also one of the first justices of the peace and many a scrap was settled in his house, which stood on First street on the west side. He entered the army and died from exposure in a hospital boat in January, 1863.

What later became known as "Time Check" was first entered by Farnum Colby, who came here in 1839 and made his claim along the river about a mile northwest of the First avenue bridge near Robert Ellis's claim. He was a native of Pennsylvania and a very useful, hard-working man. From here he removed to Olin, Jones county, where he died some years ago.

In the early '40s also came Charles R. Mulford from Hoboken, New Jersey, and at once began as a town merchant, opening a store in the Vardy house on Third street and Sixth avenue. He was one of the most wide-awake business men of that day and had a good business, but was caught with the gold fever and emigrated in 1849 to California, where he died.

One of the best known men in the state in an early date was Col. William H. Merritt. Mr. Merritt was born in New York city September 12, 1820, and received a fair education at Lima Seminary. At the age of eighteen he was compelled to rely on his own resources and sought the west, settling in Rock Island, Illinois, where he obtained a clerkship. Through government officials and others he was sent to Ivanhoe on the Red Cedar river in 1839 to take charge of an Indian trading depot. Ivanhoe was a squatter town, being staked out in October, 1838, by Anson Cowles. To this place, which was expected to become a large trading center, came also at the same time George Greene, who taught school in the vicinity during the winter of 1839. Mr. Merritt ran the store with considerable ability, and long before the Civil war showed his presence of mind and bravery. At this time, like in all other stores of its kind, whiskey, tobacco, and groceries were sold over the same counter, and one day a number of Indians came, insisting on buying "goody toss," designated in English as whiskey. Mr. Merritt refused, as he had such orders from his employers, but the Indians insisted and began to take possession of the store, and intended to drive the young clerk out. A few pioneer hangers-on fled, but not so the young clerk in charge of the goods and the store. He got hold of an axe and with this he cleaned out single handed a whole squad of Indians, who left as quickly as they had made their appearance, much to the surprise of the white settlers, who up to this time had always fled when the redskins outnumbered them ten to one.

Mr. Merritt was related to George Greene by marriage, and the two men were much together from this time on. Mr. Merritt became clerk in the Assembly at Burlington in 1841 and in company with George Greene edited the Miners' Express at Dubuque. Later he was caught with the gold fever rush and emigrated to California, returning in 1851, becoming once more editor and part owner of the old paper. In 1855 he removed to Ft. Dodge, being appointed registrar of the land office at that place. He returned once more to Cedar Rapids and founded a banking house under the style of Greene, Merritt & Co., which firm later disposed of their banking interests to Sampson C. Bever. He was nominated for governor on the democratic ticket in 1861 but was defeated by Samuel J. Kirkwood. Later he enlisted and served with distinction during the Civil war.

After the war Colonel Merritt became editor of the Statesman, one of the leading democratic papers of the state. He died at his home in Des Moines in 1891, mourned by a large circle of friends all over the state. Colonel Merritt was for half a century one of the most all-round men in Iowa and a leader of his party.

The Weare family arrived here in 1848 and for more than fifty years were prominent factors in the upbuilding of Cedar Rapids. John Weare became a noted banker and railroad promoter. Charles Weare became engaged in constructing railroads and took charge of large contracts, was mayor of Cedar Rapids, postmaster, and consul in foreign countries. He was also connected with the First National Bank of Cedar Rapids, as well as with the Cedar Rapids Water Company. George Weare became a noted banker in Sioux City, and P. B. Weare and Ely E. Weare promoters and members of the board of trade in the city of Chicago. Later they promoted steamboat traffic in the Yukon country at the time of the gold fever rush. All these were sons of John Weare, Sr., who removed here from Michigan in the spring of 1845 in order to be with his children who had previously emigrated. Mr. Weare, Sr., held the office of justice of the peace up to the time of his death in 1856.

William Stewart, a native of Pennsylvania, located in Cedar Rapids in 1847 and entered the blacksmith shop of Pollock, later putting up his own shop, and besides operating a large farm. Mr. Stewart removed to California and died there in 1891, having acquired a fortune in Cedar Rapids real estate.

Samuel S. Johnson was another Pennsylvanian who came to Cedar Rapids in 1847. He was a carpenter and joiner by trade but gave that up for farming on arriving in Linn county. Mr. Johnson lived to the grand old age of eighty-five, and passed away at the home of his daughter, Mrs. Robert Taylor.

One of the most enterprising, active business men who located in Cedar Rapids in 1849 was Dr. Seymour D. Carpenter, who was then twenty-three years of age, and had ostensibly come out here to practice medicine, but he later turned his attention to land speculations, politics, and other enterprises. Dr. Carpenter is still residing in Chicago, enjoying a hale and hearty old age.

In order to give the reader an impression of Cedar Rapids as it was at that time we shall quote Carpenter's splendid article contained in the History of Crescent Lodge, by J. E. Morcombe, as follows:

"I turned north and went to Ottumwa where I met Judge Greene, then a member of the Supreme Bench of Iowa; he persuaded me that Cedar Rapids was in the near future to become a metropolis and I decided to go there. After four days' hard riding and swimming several swollen streams, I struck the town on the afternoon of June 14, 1849; I crossed the river on a rope ferry operated by David King, who lived in a cabin on the west side; on the other side of the river stood a cabin, once the home of a man named Shepherd, and said to be the resort of thieves in an early day. I can not say that I was very favorably impressed by the thirty or forty small one-story unpainted houses that were scattered about near the river. There seemed to be a great deal of sand, and the houses were so situated that there was no sign of a street. There were three two-story houses, one on the river near the foot of what is now Third avenue called the 'Park House' in which the Greenes had their store, one on Second street in which John Coffman kept a hotel, and one on Third avenue back of the Dows & Ely block, also a hotel. I was discouraged and would have travelled further but only had about $10.00 left and from necessity had to stop. I put up at the Coffman hotel which, as I have said, was a two-story structure with a wing; it had been built of unseasoned oak lumber and was not plastered; the whole of the second story of the main building was in one room and contained eight or ten beds and was the common sleeping room of the guests. The lumber had shrunk and there could be no complaint as to ventilation, however short the accommodations might be in other respects....

"Within a week I made the acquaintance of all the people of the town. Among the leading persons were William and Joseph Greene, brothers of the Judge, Lowell and Lawson Daniels, Homer Bishop and John Weare, all of whom were merchants. The three stores of which they were the proprietors would not compare well with the department stores of today, but all the same they were department stores and in their miscellaneous stocks the customer could find all he wanted--from castor oil to broad axes.

"Pollack and Stewart were the blacksmiths, and the carpenters and wagon makers were represented, but I can not recall their names. There was also a saloon kept by James Leverich, a brother of Joe, a respectable man and a good Mason. The inhabitants were mostly young people, John Weare, Sr., Deacon Kennedy and Porter Earl being the exceptions. I found three doctors already located, Dr. Mansfield, Dr. Traer and Dr. Larabee, the latter being what was called a 'steam doctor.' Isaac Cook and Henry Harmon represented the law.

"The town was by no means dull; emigrants were coming daily, and the saw mill operated by John Weare, Jr., was kept busy cutting lumber for the new houses that were going up. There was no church building, but Parson Jones preached in the school house, as did preachers of other denominations, and Sunday schools and Bible classes were in full blast.

"On the Fourth of July a grand ball was given at the Coffman Hotel, to which flocked young people from Marion and all the surrounding country; there were at least fifty couples. The beds were removed from our common sleeping quarters, which, decorated with green boughs, became a ball room. Every part of the house was crowded and the fun was fast and furious. Only one mishap slightly marred the festivities; near a stove pipe hole at one end of the room the floor was defective, and a husky reveler of more than ordinary weight while executing the double shuffle broke through and fell upon the heads below; no injury was done and the dance went on.

"Dr. Mansfield took me as a partner and in company with Judge Cook we had a room 10×16 in a small one-story building opposite the mill, the other part being occupied by S. L. Pollock and family; his blacksmith shop was nearby. Our medicines were kept on a shelf and a store box made a table; our bunks occupied one side and a few stools and two split bottom chairs made up our furniture. We took our meals at the Coffman Hotel; our field of practice embraced the settlers, not numerous, in the valleys of the Cedar and Iowa rivers and their tributaries; we made very long rides. I was called to see a patient two miles above the present town of Vinton not yet begun; I got lost in the night and waited for daylight under a tree on the bank of the river at the very place where Vinton now stands. Bilious fever and ague were the prevailing diseases, all the newcomers having to undergo one or both....

"We had mail three times a week from Dubuque and Iowa City; the Higley brothers did the service in a two-horse hack; I think Joseph Greene was postmaster. John Weare, Sr., was justice of the peace; he was a very original character, fond of company and full of interesting reminiscences extending back to the war of 1812 in which he had lost a leg. His small office was in the rear of Mrs. Ely's residence which stood on the ground where the Dows and Ely block now is. He gave 'nicknames' to many people and places which stuck to them like burrs; the First Presbyterian church building was begun that summer and as the walls were built of cement, Old Mr. Weare named it 'The Muddy,' which it retained to the last day of its existence."

Dr. Carpenter states how they tried to promote a railway from Cascade to Fairfield, held meetings concerning railway extensions, and appointed delegates from various counties to these conventions to discuss the matter fully and to authorize the government to donate land and have eastern people furnish the money. He says:

"Dr. J. F. Ely and myself were selected to go to Fairfield; we left Cedar Rapids on December 3 and after a three days' hard and cold travel reached Fairfield; Marion sent Col. I. M. Preston and Dr. Ristine. The convention met in a small school house; all the counties were represented; the Hon. C. W. Slagle, of Fairfield, then a very young man, was chosen president, and I was chosen secretary....

"We departed for our various homes thinking the work half done, but sad to relate Cedar Rapids had to wait ten years longer for a locomotive. These two meetings were, I think, the first railroad conventions held in the interior of the state. Soon opposition claims were started for east and west lines and our project was ignominiously called the 'Ram's Horn.' The next year was quite a stirring one; new people were coming in great numbers and many were leaving, for the California gold fever had broken out. Several outfits left Cedar Rapids, with one of them Dr. Mansfield, my partner, whose place was taken by Dr. S. C. Koontz, a cousin of mine, well known to the old citizens.

"That year the first brick buildings were erected; a dwelling on Iowa avenue, near Greene's opera house, and a three-story building on Commercial street by Judge Greene, which for a long time was the show building of the town; we began to put on airs.

"In the spring of 1852 a steamboat came to Cedar Rapids; it was a great event and attracted people from near and far; she brought a cargo of freight, among which were the household effects of Mr. Bever and my father, both of whom from that time forward became citizens of the town. This year, also, came Mr. Daniel O. Finch with a printing press and forthwith started the Progressive Era, the first paper in the Cedar valley. [The Era was established in 1851.] Ezra Van Metre, a talented young lawyer from Circleville, Ohio, also came that year. Everyone was rejoiced that we had an organ and the editor was overwhelmed with original matter. There were at least a dozen young fellows in the town, myself among the rest, who thought they 'knew it all,' and anxiously rushed into print. The paper changed hands in a year or two, and became the Cedar Valley Times, and continued until a few years ago."

Dr. Carpenter sold his practice to Dr. Koontz and went into the land business and in politics. Again we must quote what he has to say about the county seat fight which commenced the first few years he was here:

"Cedar Rapids claimed that she was to be the commercial metropolis and therefore ought to be the political center. The question was brought to an issue by the county commissioners ordering a new court house at Marion, subject to the approval of the voters of the county. Cedar Rapids opposed the measure, believing that the building would insure the permanent location of the county seat. Then ensued a most bitter canvass. The voters were deluged with oratory. Marion put on the stump Judge Isbell, I. M. Preston, Col. William Smyth, N. M. Hubbard, W. G. Thompson, and R. D. Stephens, against whom Cedar Rapids opposed Jas. J. Child, Ezra Van Metre, Donald McIntosh, A. S. Belt, E. N. Bates, I. N. Whittam and others. Every school district was canvassed and much bitter feeling engendered. The Marion people were more adroit politicians and carried the election, but the result did not discourage our citizens, who asserted that no election could affect 'manifest destiny.'

"About 1852 Major J. M. May came to Cedar Rapids from Janesville, Wisconsin. The Major was a stirring man with a head full of schemes. He said that Cedar Rapids was a place of immense possibilities and only wanted enterprise to make it the great town of Iowa. He bought land at the lower part of town adjoining that owned by my father, and land on the west side adjoining the river and below that owned by David King. He platted out town lots on both sides of the river, and induced my father and King to do the same, which were the first additions made to the original town. He also surveyed the island, sent a plat to the general government and took possession of it, much to the chagrin and surprise of the old settlers. Then he began to agitate the question of a free bridge. Everyone wanted a free bridge but were undecided as to the location. The Major induced my father to subscribe $1500.00, and he gave $1000.00, which with sums contributed by others in the lower end of the town secured the location below the island at the narrowest place in the river. The bridge was completed and thrown open to the public, I think, in the late fall of 1852, and proved a great convenience. The construction was defective and when the ice broke up in the spring, the heavy cakes knocked down two of the piers, and destroyed the greater part of the bridge. All the people of the town were collected on the bank of the river watching the event, and two young women who were crossing went down with the structure and were drowned. This was the first bridge built at Cedar Rapids. The next was a bridge of boats at the foot of Iowa avenue which I believe was also swept away by ice."

Dr. Carpenter speaks next of the formation of the real company who had money and who meant business in the formation of what was then known as the "Chicago, Iowa & Nebraska Railway," which built from Clinton to Cedar Rapids and to the Missouri river. "Cedar Rapids was given first directors as follows: Geo. Greene, John Weare, H. G. Angle, S. C. Bever and S. D. Carpenter, which positions we held till the road was built to Cedar Rapids."

In speaking of the amount of money put up by these men in order to get this railway it is said that $200,000.00 was pledged by Cedar Rapids, which amount was raised as follows: $100,000.00 by private subscription and $100,000.00 by city bonds. Greene & Weare, then bankers, subscribed $10,000.00; George Greene, $5,000.00; John Weare, $5,000.00; N. B. Brown, $5,000.00; S. C. Bever, $5,000.00; Gabriel Carpenter, $5,000.00, and numerous other smaller sums to make up the amount. Then a city election was had and the $100,000.00 voted by an overwhelming majority. Surveys of the route were begun at once, and from Mount Vernon and Cedar Rapids two lines were seen; one by the way of Marion, and the other by the river. It was ascertained that the latter route would be the shorter and cheaper by $100,000.00 than the former, but the company proposed to adopt the Marion route if she would subscribe $100,000.00. This she declined to do, and the river line was chosen. Work progressed slowly and the first year found the rails no further west than De Witt, Clinton county.

Dr. Carpenter speaks of another railroad venture when a company was formed known as the "Cedar Rapids & Missouri River Railroad Company" with L. B. Crocker, of New York, as president, and with Major Bodfish and a number of Cedar Rapids men as directors.

"When the legislature assembled in 1859 and 1860 we invaded the capital, and established our headquarters in an old hotel near the river, the name of which I have forgotten. Major Bodfish was the commissary of the body. We had no money to expend, but determined to be hospitable. The Major laid in a barrel of old rye whiskey; as it was before the war, whiskey was cheap; also several boxes of cigars. One of our strongest henchmen was J. W. Woodbury, a leading man from Marshalltown, and with him Peter Hepburn, now an honored congressman, then a very stripling, but showing evident signs of what was in him. John A. Kasson was then a young lawyer in Des Moines, and we secured him as our attorney....

"The lawmakers were not in a hurry, but towards the last of the session they passed our bill, and you may be sure there was great rejoicing in Cedar Rapids. On our return the citizens gave us a grand banquet in Greene's Hotel, and we felt that we had at last secured a substantial victory for our city, as in fact it was, for thenceforth Marion could no longer be our rival. The cars came to Cedar Rapids in the summer of 1859, just ten years after we had our first railroad meeting, and we felt at last that hope had ended in fruition. An immense concourse greeted their arrival from all parts of the surrounding country. General D. N. Sprague, then mayor, welcomed the guests, and the citizens threw open hospitable doors to all comers. From that time forward Cedar Rapids assumed metropolitan airs as the leading town of the Cedar valley."

On politics Dr. Carpenter speaks as follows:

"From the first, on my arrival at Cedar Rapids, I became an active partisan. General A. J. McKean of Marion was the acknowledged leader, but the following was small. At the state convention in 1851, held in Iowa City, I was the sole representative from Linn county, and there were not more than fifty delegates from the whole state. State officers were nominated and also a candidate for congress. Colonel Henderson, the father of J. W. Henderson of Cedar Rapids, was named for congress, and without much opposition I secured the nomination for secretary of state for my friend, Isaac Cook, who up to that time was entirely unknown. I well remember with what surprise he received the news. Although there was no chance for his election it was the beginning with him of a long and useful career in many offices of trust, alike honorable to him and his constituents. As time rolled on and our population of immigrants from the north and especially from the New England states, and with the bearing of the whig party towards slavery, they became more hopeful, and by the year 1853 or 1854, the whigs carried the county, electing both members of the legislature and the county officers. John P. Conkey was the first member of the legislature living in Cedar Rapids, and at the same election Isaac Cook was chosen for a county office.

"About this time Charles Weare, Isaac Cook and many others cut loose from their old convictions and became ardent free soilers."

Dr. Carpenter speaks of how he abandoned medicine, how he opened a banking house in 1855, and became a land owner, having at one time as much as 1,600 acres of land near where the town of Norway now stands. He was first connected with Lehman & Kreider, later forming the partnership of Carpenter, Stibbs & Company, the firm doing business until 1861. Dr. Carpenter attended the convention at Chicago that nominated Lincoln and was one of the first to enlist in the Civil war as a surgeon. He was mustered out in 1865.

Henry E., Harvey G., Wellington W., and Major M. A. Higley were for a generation merchants, financiers, and leaders in many enterprises in Cedar Rapids. They were born in the state of Connecticut, coming to this county in the early '40s. Henry and Harvey Higley for some time operated a line of stages from Dubuque to Iowa City, and for that reason knew personally nearly all the prominent men of Iowa in the '40s and '50s. Iowa City being the capital and Dubuque the most enterprising city in the territory and state, the public men frequently travelled to and from these cities. Harvey Higley "got caught" with the gold fever and went to California, returning in a few years to Cedar Rapids. The Higley brothers made large fortunes in real estate which have descended to their children.

The brothers, C. J. and Jacob A. Hart, natives of Maryland, came to Cedar Rapids in the early '50s, and for a generation were two of the most successful lumber dealers in Cedar Rapids.

Alexander L. Ely was one of the early millers, who died in the '40s. His brother, Dr. J. F. Ely, came later to look after the business interests of his deceased brother, and for some fifteen or twenty years was a successful practitioner in Cedar Rapids. He and his wife for a generation were leaders of the business and social life of this city.

Homer Bishop was an old-time merchant, arriving in the early '40s, and for eight years was postmaster of Cedar Rapids. He was a congenial person, well known, and an enterprising and free-hearted man who did his best to build up a city on what was then thought to be the western frontier.

No doubt the first Scandinavian settler to locate within the confines of Linn county was Nels C. Boye, a native of Denmark, who emigrated to the United States in 1827 and arrived in Muscatine in 1837 and located in the vicinity of Lisbon in 1838 where he purchased land and engaged in farming. Being brought up as a merchant he removed with his family to Iowa City in 1843 and for a time operated one of the most up-to-date stores in the new capital. On a business trip to St. Louis in 1849 he fell a victim to the cholera and died there on June 23. A number of his children continued to reside in Linn county, and a number of relations are still residents of this county.

One of the old settlers of Ivanhoe was Dr. S. Grafton, who arrived there in 1843 and travelled horseback up and down the Cedar and Iowa river valleys as far as Jones or as far northeast as half way to Dubuque in the practice of his profession. He was born in Ohio in 1800, and died during the typhoid epidemic in 1845 and 1847. He was one of the best known of the early physicians, a gentleman, a scholar, and a man who did, perhaps, more during the few years of his practice to help the poor and the needy than any other of the early settlers. He was married to Isabelle Patterson, also a resident for many years of East Liverpool, Ohio, but born in Pennsylvania. After the death of Dr. Grafton she married Herman Boye, a son of Nels C. Boye. Mr. Boye was a cabinet maker and farmer. He got caught with the gold fever and emigrated to California in 1850, returning to Ivanhoe within a few years. It is said that he made more money in California seining for fish, which he had learned in Denmark, than he did in digging gold. He died in 1880 at the age of sixty-two years. The widow died January 11, 1897, at the advanced age of eighty years, and is buried at Mount Vernon.

Another of the old settlers of Bertram may be mentioned--Joseph Crane, a cousin of James Doty, who has the honor, at least, of obtaining the first license to marry within the Territory, viz: in 1840 when he was married to Agnes Boghart.

The first settlers seem to have been William Abbe, Daniel Hahn, C. C. Haskins, and Edward M. Crow. Which one of these men actually was the first settler within the confines of the county may ever remain a disputed question. We have the record when they entered lands, but this does not at all indicate that they did not live on these lands for several years before actual entry was made. The first settler in the vicinity of what became Mount Vernon was, no doubt, Charles Haskins, who located about a mile and a half east of the village in the summer of 1837. He was at least one of the first to locate in that vicinity. It is said that Daniel Hahn came in the spring of 1837, made a claim and built a log cabin, his wife assisting him in building the house. Edward M. Crow has been supposed to have been the first settler, but it seems that he came in July, 1837, in company with his brother, and located near what later became known as Viola, where he made a claim and erected a small shanty. He returned to the Fox river settlement for provisions and did not come back until in August, when he was accompanied by his brother and by James Dawson. About this time also came Joselyn and Russell. Their cabins were located in the back woods in Brown township and was called "The Settlement" for some time.

Later in the fall of 1837 arrived Jacob Mann, having resided previously 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.

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.

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."

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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.

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.

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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.

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.

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."

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.

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.

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.

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.

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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."

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:

In 1873 the number of school corporations in the county was 42, increased to 87 in 1909. The number of ungraded schools in the former year was 178, and 166 in the latter year. The average number of months the schools were in session has increased from 6.6 in 1873 to 8.9 in 1909, and the average compensation from $39.78 to $73.50 for males, and from $26.33 to $50.85 for females. The number of female teachers employed in 1873 was 244, and in 1909, 503. The number of male teachers was 90 and 40 respectively.

In the matter of attendance there has been a vast betterment. In 1873 there were 460 boys and 544 girls between the ages of seven and fourteen not in school. In 1909 these numbers were 29 and 17.

The value of school property in 1873 was $240,105; in 1909, $814,300. The value of school apparatus was $2,309.50 in 1873, and in 1909, $20,035.25. There were in 1873 in the school libraries 482 volumes, which was increased to 17,079 in 1909.

There are now between twenty-five and thirty fine school buildings in the country districts. They are modern in all respects, being supplied with slate blackboards, hardwood floors, ventilators, cloak rooms, bookcases and cupboards. Several have furnaces and cloak rooms in the basements. Some of the buildings are supplied with telephones, making it possible for the county superintendent and patrons to communicate direct with the school.

The plans and specifications for these buildings are owned by the county, and are furnished gratis to the school districts wishing to build. All of these school-houses except two or three are not only provided with libraries, cloak rooms, etc., but are also provided with a good organ.

This year there is being installed a hot air ventilating system which keeps the warm air pure, the cold air being taken directly from the outside and passed through the hot air radiators before being allowed to enter the school room.

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