"History of Decatur County and Its People" Volume IProf. J. M. Howell and Heman C. Smith, Supervising EditorsThe S. J. Clarke Publishing Company, Chicago IL, 1915. |
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| Chapter XVII ~
History of The Legal Profession Pages 196 - 203 |
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| The Decatur County bar has ever been a reputable one. Lawyers
who have practiced their calling in this county, have, with possibly a
few exceptions, been of a high class and of recognized ability and
integrity. There has not been so many of the practitioners here as in
larger counties, but there has been a sufficient number to keep the
legal wheels of the county running smoothly. In the early '40s there settled in the southeastern part of the county a man by the name of Henry BERGE. He was an active man and was known to be very eccentric. He styled himself an attorney, but it is said that his business was confined to a justice's court. Granting that he was a lawyer, even after a fashion, he will have to be given the honor of having been the first in Decatur County. His death occurred before the opening of the Civil war. Another man, by the name of TUCKER, settled in the county some time between 1840 and 18.50. He lived in a log cabin two miles southwest of the later site of Leon. He possessed some ability in the legal trade, but was considered as much or more eccentric than BERGE, and his legal practice was as much limited. He left the county very soon and moved to Trinidad, Colorado, where he lived until quite old. Gideon P. WALKER came to Decatur County in the late '40s and lived alone on the southern border of the county. He was excellently educated for the day and was noted as a fine penman. He, too, is said to have been very eccentric and odd in his habits. His practice of law was probably confined to the four walls of his cabin, but nevertheless he was known as an attorney and a good one. The first lawyer to practice at Leon was George A. HAWLEY, who located here in 1854 and practiced for a period of eight years. He had quite an amount of ability and was well liked on account of his affable disposition. He was active in the politics of the county. During the early years of the war he moved to Chillicothe, Missouri, afterward to Atchison, Kansas, and then Hamilton, Illinois. He is now deceased. Andrew J. BAKER came to the county early and practiced a short time in partnership with HAWLEY. During the Civil war he served as lieutenant and when hostilities ceased he located in Putnam County, Missouri. He took a prominent part in the Liberal movement which carried that state in 1870 and became attorney-general, which position he held for four years. He afterwards removed to Centerville, Iowa, and formed a partnership with General Drake and in 1884 was elected attorney-general of Iowa. The three WARNER brothers came to Leon from Ohio about 1856, together with several other lawyers. John W. WARNER was perhaps the leader of the party. Soon after coming here he erected a cheap structure for the care of travelers and for several years he alternated the practice of law with the duties of a host. He was an excellent speaker and very popular, but his success in dollars and cents was not very great. He moved to Colorado finally and engaged in mining. Joseph S. WARNER was at first simply known as a carpenter. While working with his brother, John W., on the building afterwards called the SALES House he accidentally fell from the top to a scaffolding below. He was not hurt as much as he was disgusted and he immediately declared that he would never do another day's work as long as he lived. He studied law, entered the practice and was very successful. At the height of his career he was stricken by death at his home in Leon. Politically, he was a democrat. A. J. WARNER started to practice law as his life's work, but soon grew tired of it. He became of a peculiar turn of mind and soon became an agnostic, which made him very unpopular. Soon after the war he started farming in Knox County, 111. He is now deceased as are all the WARNER brothers. George S. ADAMS was an attorney for a short time in Decatur County, then became a Presbyterian preacher and then went to Colorado. He is now deceased. P. H. BINCKLEY came to Leon with the purpose of starting the Leon Pioneer, the first newspaper in the county, in partnership with his brother, George. He also practiced law. He was a well educated man and equally well versed in the law, but he was not successful. However, as a man he was popular and took a very active part in politics. During the administration of President Johnson he was appointed to a clerkship in Washington, D. C. and afterward moved to Dayton, Ohio, where he died. Samuel FORREY, one of the best known of the men of Decatur County in the early days, came to Leon in I800. He immediately began to practice law and continued until his death. Eight years of this time he was on the bench as district judge and for several years served as justice of the peace. He was at first a republican, but finally changed to the democratic party while led by Cleveland. Fred TEALE was at one time a lawyer, but soon retired from that profession, and now is in the banking business. Vincent WAINRIGHT began practice in Leon about 1856 or 1857. He was considered a splendid lawyer. He held the office of county superintendent for one term, having been elected on the democratic ticket. At the beginning of the Civil war a company was formed in Leon under the captaincy of George BURTON. This company soon became enlisted to full strength and consequently there were many men left. These were kept at regular drill. WAINRIGHT was captain of this body of men until he removed to Winterset. He is now deceased. W. S. WARNOCK settled in Leon about the same time as WAINRIGHT and practiced for about fifteen years, earning a reputation for ability. He subsequently went into business at Davis City and then into the pursuit of farming. He served one term in the Iowa General Assembly. During his life he was affiliated with both the democratic and the republican parties. James S. ALFREY came also about the same date and practiced irregularly for ten years. He served one term as county superintendent. He was enlisted in the army for a short time during the war and after the war taught school. He was murdered by a man named WILLIAMS on May 20, 1866. Jesse W. PENNY came to Leon during the early years of the Civil war and practiced for five or six years, or until his death. He was an excellent scholar and was successful during the short time he was permitted to work. He was democratic in politics and served one term as county superintendent. About 1850 A. J. EVANS settled in the southeastern part of the county, near Lineville, on a farm. In 1854 or 1855 he was elected prosecuting attorney, when the district including Decatur Comity extended to the Missouri River, and took in about one-fifth of the State of Iowa. Mr. EVANS assisted in holding court in Decatur County before the erection of the first courthouse, but did not remove his residence to the county seat until 1865, when he devoted himself entirely to the legal practice, gaining a good reputation in the same. He removed to Alabama in 1871 and afterwards decided to go to Kansas. While en route to the latter state he was seized with smallpox and died. John W. HARVEY came to Leon from Jasper County, Iowa, in 1868 and was in partnership with Major YOUNG until 1882, when he was elected judge of the District Court. He was a republican. He is now deceased. R. L. PARRISH was a school teacher before he was admitted to the bar. He graduated at Iowa City and was admitted to the bar at Leon. He was first in partnership with C. W. HOFFMAN, then with E. W. HASKETT and in 1883 with Major YOUNG. He is still living, and is practicing in Des Moines, Iowa. E. W. HASKETT began the practice of law in Leon in 1874. During the administration of President Arthur in 1883 he was appointed United States district attorney to Alaska. He held this position for two years, until relieved by Cleveland's administration, and on his way home was accidentally killed at Needles, California. C. W. HOFFMAN was born and raised in Decatur County and was admitted to the practice here in 1876. He is very prominent in democratic politics. He is still living, and practicing his profession in Leon. N. P. BULLOCK located here in 1867 and was in partnership at different times with John W. WARNER, Joseph S. WARNER and C. W. HOFFMAN. He belonged to the republican party. W. H. ALBAUGH read law with HARVEY & YOUNG and was afterward admitted to the bar. He was mayor for two terms and justice of the peace several years. Mr. ALBAUGH is still living. Marion F. STOOKEY and his cousin, Millard F. STOOKEY, came at the same time from Marion, la. The former was in partnership with E. W. Haskett for a time. He was chairman of the Republican Central Committee for several years and was one of the proprietors of the Decatur County Journal for many years. He is now practicing law in Leon. Millard F. STOOKEY was in partnership for a time with W. H. ROBB, but separated when elected clerk of the courts. He held this office two terms and then was a deputy in the same office. Mr. STOOKEY has been postmaster at Leon for the last nine years. W. H. ROBB was reared in this county and was admitted to the practice in 1868. He engaged also in the abstract business with his son-in-law, Charles JORDAN, until 1874, when the books and business were sold to the Leon Loan and Abstract Company. Mr. ROBB was for several years postmaster at Leon, and was succeeded by W. J. SULLIVAN. He was then given an appointment by the Interior Department of the United States and given duties in the West with the Indian bureau. He held this office until Cleveland's administration. He then removed to Kansas. Mr. ROBB is now deceased. In the '70s a man named BLACK settled in the western part of the county and practiced law with good success. He died just a few years after coming here. H. A. MILLS came to Leon about 1868 from Indiana. He graduated at the Iowa Law School and practiced successfully for several years. In 1878 he removed to Nebraska and afterwards served a term in the Senate of that state. Politically he was a democrat. Albert HALE, a young attorney, practiced at Leon for several years, then moved away. He is now dead. Another prominent lawyer of Decatur County was E. W. CURRY, who practiced for many years. J. B. MORRISON came about 1868 from Indiana, resided and practiced law in Leon for about ten years, was mayor two terms and then moved to a farm west of Grand River. He is now deceased. S. A. GATES and John N. GATES were among the early lawyers of Leon. S. A. Gates began the study of law in 1872 with J. W. PENNY, of Leon, who died in the spring of 1879. He then continued his studies with A. M. POST, who was sent as consul to the Cape Yerde Islands. He completed his studies with N. P. BULLOCK. After being admitted to the bar Mr. GATES opened an office, and in June, 1884, was joined by his brother, John N. John N. GATES is not in active practice at present, but S. A. GATES still retains an office in Leon and is continuing a lucrative practice in the county, also is engaged in the real estate business to some extent. Maj. John L. YOUNG settled in the county in the fall of 1859. In the previous year he had been admitted to the bar in the Supreme Court at Des Moines. He practiced at Bloomfield until he came to Leon. After coming here he immediately began the practice of his profession with Victor WAINRIGHT. This partnership was formed in February, 1860. During the Civil war he won a great deal of prominence and for gallantry readied the rank of major. He then returned to Leon and resumed the practice of his profession, and later formed a partnership with John W. HARVEY, which continued until 1869. Through his efforts at this time a national bank was secured and he was made cashier. He retained this position until 1871. He then organized the Peoples Bank at Leon, which was not successful. He was then engaged for a time as traveling attorney for Dood, Brown & Co., of St. Louis. In 1877 he came back and reformed a partnership with Judge HARVEY, which continued until the latter was nominated for judge in 1882, when Stephen VARG became associated with him. Mr. YOUNG is now deceased. W. S. SHEPHERD located at Garden Grove during the '50s and lived there for several years. He went to California to settle up the estate of his father-in-law and there died in 1871. W. W. MILLER located at Garden Grove in 1880 and practiced two years, when he was appointed a pension clerk in Washington. S. H. AMOS came to Garden Grove in 1877 from Wayne County, where he had been teaching school. He taught a term in Decatur County and kept a hotel for a time. In the meantime he was studying law and completed his course under Judge John W. HARVEY, of Leon. In 1878 he was admitted to the bar and located at the Grove. Marion WOODARD began the practice of the profession in 1883 at Decatur City. He is now engaged in the practice at Leon. C. W. BRIDGES also practiced here for a time. R. J. CRITCHFIELD began the practice at Weldon in 1883. W. W. PEASLEY, from Eagleville, Mo., practiced in Davis City from 1875 to 1885 and later became a banker at Kellerton, Ringgold County. He is now deceased. J. H. KLING was in practice at Davis City for three years. W. A. WILLIAMS also practiced at Weldon for a time. The Present Bar The following is the present bar in Decatur County, the total of sixteen members: |
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| The First Court The first District Court in the county convened at the house of Daniel MOAD, as ordered by the Board of County Commissioners, on May 19, 1851. This home was about six miles southeast of the present location of Leon. William McKAY presided as judge, and Daniel MOAD served in the capacity of clerk. John J. STANLEY was the sheriff. The following were the first grand jurors: Mordecai SMITH, Anthony VANDERPOOL, Elijah R. COLE, Oliver HOSKINS, Alfred STANLEY Hiram J. STANLEY, John PRICE, William ONEY, John JORDAN, Charles JORDAN, Simon H. HARMON, John VANDERPOOL, Stanley HATFIELD, Isaac CRAIG, Andrew HATFIELD, Andrew J. RANDOLPH. Mordecai SMITH was foreman; Thomas KILGORE was bailiff. William H. BRAMFIELD was appointed as prosecuting attorney for the term. The first case to come up before this court was a suit for divorce, entitled John BLADES vs. Maria BLADES. The case was continued until the next term and the plaintiff was finally successful. Perhaps the second case to come before the court was also a divorce proceeding, Ann KNAPP vs. Zelatus W. KNAPP. Ann won, according to record. The first marriage license was issued on May 18, 1850, to Henry HALL and Eliza Ann EWING. On the same day also a license was given to Thomas EWING and Mary Ann CARSON. No return of the marriage certificate was made in either case. The first marriage certificate on record is that of John ZIMMERMAN and Harriet L. LAMB, married by William CUTCHLOW, justice of the peace, on September 22, 1850. |
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| 1915 History Index *** History Index *** Decatur County IAGenWeb |