THE BAR OF THE PAST — THE PRESENT BAR

The general history of the legal profession furnishes one of the most fruitful and comprehensive fields of thought that the world, with all its various callings and activities, presents to the mind. There are other professions that are comprehensive and Archimedian in their power to move the world, but none have the majectic sweep and the all-powerful influence that the profession of law contemplates. This profession is the watchman stationed upon the great dike, which protects the realm of truth and justice from the inroads of vice. It is the light-house upon the giant barrier against which dash the seas of crime. True, at times, the watchmen prove unworthy the trust reposed in them, and allow the encroachments of vice upon justice to escape their attention, but, acknowledging this to be a fact, it does not change or dwarf the great field over which the profession has guardianship.

The grand object of law is equal justice to all. Truth and right are so interwoven into the warp and woof of the delicate fabric of law that they are one and inseparable, and the great and good lawyer, viewing it in this light, becomes one of the forces which move, control and protect society. The legal profession, then, in the very nature of the case, must be the champion of purity and the promoter of all movements that tend to soften the harsh elements in citizen and government. And right nobly has it done this. It has ever been the defender of popular rights, the champion of freedom, regulated by law, the firm support of good government. In times of danger it has stood like a rock, and breasted the mad passions of the hour, and firmly resisted tumult and faction. But the lawyer does not make laws, these are made by highter tribunals as exigencies arise demanding them. It is his duty, however, to apply them to the daily affairs of men, and the pure and impartial lawyer will so endeavor to interpret these laws that their high sandard may be perpetuated, and that all alike may have meted out unto them justice and right.

Change in art, in science, in literature, in all the departments of the world's activities are continually noticeable. the wants of the people of to-day, and the lawful restraints to be trhown around from those of a half century ago. They are too lenient or too severe - in one case to be strengthened, in the other, modified. Hence the lawyer to satisfactority meet the requirements of the circumstances with which he is surrounded, must necessarily be a man of to-day, posted on the matters of importance pertaining to his own age. His capital is his ability and individuality, and he cannot bequeath them to his successors. They die with him or live in the memory of his deeds and sayings.

THE BAR OF THE PAST

In an early day the lawyer was not kept busy with cases. They were few and far between. People at that day were more disposed than at present to settle their disputes in their own way, and could not afford to pay the lawyer for his services. The lawyer, therefore, who came into the country with the pioneers, had to devote a part of his time to other pursuits, sometimes in farming, again in teaching school. Thus, by practiciing economy, he could make "ends meet," and get along until times were better. As a rule the lawyer became a politician, and by serving in some official capacity swelled his little income to more comfortable proportions. The people demanded their services, and they were glad to accommodate the people.

There have been and still are able and prominent men practicing before the courts of Winnebago county - men who were an honor to the profession, to society, and to the county.

Of those who resided in the county at one time, and are now either dead or have quit practice, or gone, the historian will speak first. So far as material was accessible, sketches are given of each attorney who has practiced before the courts of the county. If any are omitted it is because their names are forgotten and not from intention.

Among those who have been resident attorneys were the following: Jerry Murphy, J.K. Boyd, DeWitt C. Hayes, W.A. Burnap, D.T. Gibson, John Dunbar and Henry W. Ames.

Jerry Murphy was the pioneer lawyer of Winnebago county, locating at Forest City in 1857. He was a thorough pioneer and tried his hand at anything that came along. He was considerable of a sport, wore a white fur plug-hat, and always carried a cane. He was a good lawyer for those days, and he knew no such thing as fail. He was witty and could be keen and sarcastic in the extreme if he so chose. While here he paid most of his attention to land speculation. He left in 1858.

J.K. Boyd was the second lawyer to locate in Winnebago county. He swung out his shingle at Forest City on 1861 and remained until 1864. He was a man of considerable ability, was well read in his profession and had good succes in his practice. After leaving here he located at Cedar Rapids. Mr. Boyd was a prominent character in early times and many good anecdotes are related of him. At one time Boyd was running a hotel in Forest City, and it appears that a Mr. C.D. Pritchard, who had been invited by the citizens to deliver a 4th of July oration, was stopping at his hotel. Mr. Pritchard made a good speech and everybody was satisfied. The following day when he got ready to leave, he asked the landlord what his bill was. Boyd told him it was $---, charging at city rates. Pritchard demarred, saying that it was too much and he could not pay it. but Boyd insisted, saying "of ours this isn't a very paying business for you; but you can stand it - your're making a reputation." Pritchard had to pay the bill, and went off a wiser but poorer man. One thing of this nature leads to another and we will digress from our subject heading, and relate another instance in the public life of Mr. Boyd. During his practice here Mr. Boyd occupied considerable of his time in collecting accounts for foreign parties. At one time he had in his possession a number of school orders on Forest school district. These orders belonged to A.B. Tuttle, now of Mason City, and had been sent to Boyd for collection. Boyd collected some but time went by and he did not remit. Finally Mr. Tuttle came to see about the matter, and upon asking Boyd for his money, was informed that he (Tuttle) was indebted to him and that what he had collected did not remnuerate him for his trouble. Tuttle objected, but Boyd was determined to retain the money, saying "you know Mr. Tuttle we lawyers must live," and he did retain the money, Mr. Tuttle going away without it.

W.A. Burnap was a native of one of the New England States. In about 1860 he came to Forest City and engaged in teaching the village school. The following year he gave up the school and entered the service as clerk at Brigadier-General Datis E. Coon's headquarters, serving in that capacity for three years. At the expiration of that time he returned to Forest City and again was engaged to teach the public school. He could not, however, be satisfied to remain in the background while his country was in danger. His patriotic nature was completely aroused by the scenes he had witnessed during his three years of service, and he again decided to try life on the tented field. He then veteranized and served until the close of the war. He then went to Chicago and was for several years a professor in the commercial law department of Bryant & Stratton's Commercial College. In 1869 he returned to Forest City and went into partnership with Hon. David Secor in the real estate business. Later he went to Clear Lake, where he purchased the Clear Lake Bank. He was not successful in this venture, however, in about three years he failed and when the business was settled he was left with almost nothing. To his credit it may be said that he settled honorably with every creditor, and the high reputation for honesty and integrity which he has previously borne, was in no wise injured or decreased. When he came to Forest City, he was a young man and his god education made a brilliant future possible, but he was naturally too modest and too diffident to "hoe his way" successfully admidst the rough paths of pioneer life. After his failure at Clear Lake he returned to Chicago and when last heard from was holding a professorship in Bryant & Stratton's Commercial College.

DeWitt C. Hayes came to Forest City in 1866 and at once opened a law office. Mr. Hayes was a native of New York, was of medium stature and had fair success in his practice. He received his education at the Jefferson County Institute, of New York, and after completing his course engaged in the grocery business at which he failed in about two years. He then went to Wisconsin and commenced practicing law, continuing in that State several years. He then returned to Watertown, N.Y., his native place, and studied law in the office of Brown & Beach for about a year; at the end of which time, after being admitted to the bar at Syracuse, he came to Iowa, locating at Charles city in the fall of 1866. He there entered into partnership with Starr & Patterson, remaining with them until in the fall of 1867, when he located at Forest City. In 1868 a partnership was formed with Martin Cooper, which continued until in 1869, when Mr. Hayes left the county. Mr. Hayes was a sharp, shrewd lawyer, quick to see a point, original in his ways and ideas, and was a man of indomitable energy. He is now living on a farm in Floyd county.

D.T. Gibson came to Forest City early in the spring of 1870. He was a young lawyer and was in search of a location. He opened a law office and commenced business. He did not remain long, however. W.C. Stanberry, of Mason City, came and induced Mr. Gibson to remove to that place, where he engaged in practice for two years. He then went to Waverly, Bremer county, this State, and has since made that his home. He is now in partnership with E.A. Dawson, the firm name being Gibson & Dawson.

Mr. Gibson was born in Chautauqua Co., N.Y., in May, 1844, his parents being S.C. and Martha (Hall) Gibson. His father is a leading physician of that county, still in practice, having been in constant service there for over forty years; his mother died when he was quite young. His early life was spent in his native county, where he received an academic education, spending three years at Oxford Academy and for some time taught by a private tutor. When about eighteen years of age, having developed a taste for the legal profession, he entered the law office of Henry R. Mygatt, of Oxford, for the purpose of fitting himself for the practice of law, where he continued some time. Subsequently he emigrated to Wisconsin, where, in 1868, he was admitted to the bar, before Judge Stewart. He served during the war, as a Union soldier, in the 90th New York Volunteer Infantry, enlisiting soon after arriving at the age of twenty-one years. In 1873 he was married to Elizabeth A. Hazelton, a native of the State of New York.

Another transient lawyer, Henry W. Ames, swung out his shingle in Forest City in 1871. He was in search of a field for operation, but not being satisfied as to the outlook for Forest City, within a few weeks he packed his traps and sought greener pastures. He was young and not very brilliant, but had been in practice before coming here.

John Dunbar was admitted to the bar in 1875, at a term of district court held at Forest City. He practiced two years, then went to Cedar Falls, where he practiced about two years, when he returned to Winnebago county. He is now engaged in farming.

THE PRESENT BAR

The legal profession of Winnebago county, in 1883, was represented by the following named: Martin Cooper, T.C. Ransom, W.W. Olmstead, J.E. Anderson, J.F. Thompson, J.T. Lattimore, J.E. Howard, Col. A.H. Chase, David Secor, W.H. Harwood, W.A. Chapman, W.H. Fisher, E.F. Thompson and J.D. Leland.

T.C. Ransom, attorney at law, was born in Hartford Co., Conn., Sept. 22, 1824. when a small boy his parents removed to Litchfield county, where he grew to manhood, and learned the trade of a shoemaker, which he followed for a number of years. When twenty-four years of age, he entered the law office of Hiram Goodwin, and also read with O.H. Pratt, afterward member of Congress. In the spring of 1859 he was admitted to the bar, and soon after removed to Iowa, setting in Clayton couny, in the flourishing village of Hardin, where he hung out a shingle, and commenced the practice of his profession. In 1861 he removed to Waukon. In 1868 he again removed to Postville, where he practiced his profession until 1870, being admitted to the United States district court, at Dubuque, in 1869. He then came to Winnebago county. Soon after coming west, Mr. Ransom had occasion to attend court at Waukon, dressing, as he supposed, suitable for the occasion, wearing a silk hat, as had been the custom in the east. What was his surprise on arriving, at finding the judge and attorneys, with their shoes run down at the heel, some with elbows out, and all with slouched hats. When he reached home he told his wife he thought he was in the right church, but in the wrong pew. He stored his plug hat away and has never attempted to wear it since. In 1848 he was married to Laura Parsons, by whom he has had one child - Maria, now the wife of Calvin Gardner. Mrs. Ransom died in 1860. In 1873 he was again married to S.M. Spencer. While in Allamakee county, he was elected to the office of superintendent of the public schools, which he filled with due credit. He is an honorable member of the Masonic lodge, of Forest City. In 1877-8-9, Mr. Ransom served as prosecuting attorney of Winnebago county.

C.L. Nelson, attorney at law, Forest City, was born near Christiana, Norway, March 13, 1846. In 1852 he emigrated with his parents to America. they settled in Rock Co., Wis., and in 1856, with other company, removed to Winnebago county. Mr. Nelson settled on section 22 in Norway township. Here he made his farm. The country being sparsely settled, they were compelled to go to Decorah to mill. The wheat was hauled to McGregor, making the trip in two weeks, receiving about fifty cents per bushel. The following spring the land sales commenced at Osage, and the snow being deep, they made the trip on snow shoes to secure the claims. The winter of 1856-57 will be remembered, by the early settlers, as one of deep snow and much suffering from cold, and the scarcity of provisions. The subject of this sketch was reared on this farm, and received his early education in a small frame school house. He afterwards attended the Decorah Normal Institute and Upper Iowa University. For a number of years he taught school, then commenced reading law in the office of Ransom & Olmstead, and with Prof. J.E. Anderson. In 1876 and 1877 he was deputy sheriff under Peter Lewis. He was admitted to the bar Sept 9, 1878. In 1870 he was married to Anna Olson, who was born in Norway, but who came to this county when a child. Mr. Nelson has been identified with the county for many years and has seen its many changes.

William H. Fisher, attorney at law, of Forest City, was born in W. Va., July 24, 1850. When a small boy his parents emigrated to Kane Co., Ill., where they remained a short time, removing to Fayette Co., Iowa, where he grew to manhood. He located in Winnebago county in June, 1869. In 1877 he entered the office of Ransom & Olmstead, and was admitted to the bar, in May, 1878, since which time he has followed his profession in Forest City. He was married in 1870 to Martha J. Howard, who died in 1876. In 1879 he was again married to Florence A. Steward, a native of Maine. This union was blessed with three children - Raymond E., Robert S. and Bessie. Mr. Fisher is a Master Mason, and a member of the I.O.O.F. lodge. He is a young man who has lived in the county for a number of years, and by close attention to practice has gained a position of which he can well be proud.

J.F. Thompson, banker, was born in Hancock county, Sept. 3, 1848. He is the son of Matthew and Martha (Spaulding) Thompson, his father a native of Ireland, and his mother of Vermont. They were married in Ohio, and were the parents of nine children, seven sons and two daughters. In October, 1857, Mr. Thompson located in Clayton Co., Iowa. The subject of this sketch was reared as a farm boy, receiving his early education in the common schools. In July, 1863, he entered the service, enlisting in the 4th Iowa Battery, serving until the close of the war. In 1865 he was wounded in the leg at Thibodeaux City, La. At the close of the war he returned to Clayton county, and attended school in McGregor. In the fall of 1873 he entered the Iowa State University, graduating in the law department in 1875. In the fall of the same year he was appointed deputy register of the State land office, which position he held about two years. On May 1, 1877, he established the Winnebago County Bank, and Jan. 1, 1880, sold a half interest to James H. Easton, and continued under the firm name of Easton & Thompson. In the fall of 1883 his brother, J. Thompson, purchased the interest of Mr. Easton and the firm is now Thompson Bros., the bank having been re-organized with a paid up capital of $25,000. Mr. Thompson was married Dec. 22, 1875 to Julia Clark, a daughter of Judge Clark, the founder of Forest City. She was born in this city Sept. 19, 1857. Four children bless this union, three of whom are living - J. Clark, Clyde C. and Merle M. Mr. Thompson is in politics, a staunch republican, and is now the mayor of Forest City, having been elected by a large majority on the temperance ticket. He is also a member of the Masonic fraternity, being passed to a Knight Templar.

Hon. J.E. Anderson is a native of Sweden, born in 1846. In 1852 his parents emigrated to America, and after remaining three years in the city of New York, removed to Whiteside Co., Ill., and settled on a farm. In 1855 they removed to Lyons, Iowa. In 1860, they settled on a farm in Winnebago county, where Mr. Anderson has since resided. He received a common school education, where he resided up to 1866, when he entered the Upper Iowa University, where he spent three years. He then entered the State University, where he took a full course of scientific and classical studies, and graduated with the class of 1872 and in 1876 graduated in the law department of the same institution. Mr. Anderson is honorably distinguished as the author of a work on "calculations," and in having from 1872 to 1875 visited some 300 colleges situated in nearly every State in the Union, and delivering lectures on the subject before those institutions. In the fall of 1881, Mr. Anderson was elected to the State Assembly from the 77th legislative district, composed of the counties of Worth, Winnebago, Hancock and Wright, receiving a majority of 3,000 votes, being the largest majority by which any member of the House was elected. This may be accepted by our readers an an evidence of his personal popularity, or of the intelligence of his constituency, or both, or neighter, according to their individual political bias. Mr. Anderson is nearly six feet in height, of fine figure and presence, wears a full beard, and is in a word if not the best looking - at least among the few best looking men in the House. Every work of true reform has had him among its unflinching advocates. He speaks with great ease and energy, and his arguments are always to the point and uniformly enlist marked attention. He is chairman of the Library committee and member of those on Judiciary, Schools, Claims, Compensation of Public Officers, State University, Constitutional Amendments, and Senatorial and Representative Districts.

He was married in 1875 to Martha A., daughter of Nelson and Anna Johnson, by whom he has had three children, two of which are living - Randolph M. and Horace E. Mr. and Mrs. Anderson are members of the M.E. Church of Forest City, at which place he now resides, engaged in the practice of law, together with loaning of money and sale of lands. "True and upright in all his duties, he has a name truly honorable, and a character worthy of emulation." A local writer thus speaks of him in reference to his labors in the General Assembly: "Hon. J.E. Anderson, although he made no attempts at oratory, made for himself a very excellent record. He was a thorough worker, and, during the entire session, did not, I believe, miss a single roll call. He was always to be found in his seat, and gave the strictest and closest attention to business. As many committee meetings as he could find time to attend, he attended, and shirked no duty imposed upon him. His genial and social disposition gained for him hosts of friends, and to illustrate this I will only mention one instance of which I took particular notice. I think it was the day immediately preceding the last of the session, when the regular order of business was being strictly followed, and the House, for some cause or other was in an exceedingly bad humor, and had refused several members to take up measures out of their order; it was on this day, and while this feeling was upon the House that Mr. Anderson asked leave to take up out of its order the bill for funding county indebtedness, and his request was granted without a dissenting voice, and this, alone speaks better of his standing among the members than if I devoted a whole column to him. The district he represented has no cause to regret having elected him, for I assure you their interests were in safe and good hands."

George A. Franklin, of the firm of Latimore & Co., attorneys and real estate agents, Forest City, was born in Rockford, Ill., April 2, 1855. He is a graduate of the State Normal, of Illinois, in the class of 1877. In 1878 and 1879 he was employed as principal in the Butler schools, Montgomery Co., Ill. In the spring of 1881 he came to Winnebago county, where he engaged in stock growing. In the spring of 1883, he purchased an interest in his present business. They make the collections of slow and doubtful claims, and the foreclosures of mortages a specialty.

W.A. Chapman, a prominent attorney of Lake Mills, was born in Kalamazoo Co., Mich., in November, 1842, his parents being Willard and Polly (Weller) Chapman. His father was a native of Massachusetts; his mother of Vermont. While W.A. was quite young his parents removed to Canada, where he was reared on a farm. His widowed mother is now living in Brooklin, province of Ontario. Mr. Chapman left home when he attained his majority and for a number of years engaged in teaching. He spent one year in Buffalo, N.Y., also about two years in and about Chicago, teaching school, and in 1873 came to Iowa locating at Lake Mills. For two or three years he was engaged in teaching school an din studying law, and in 1876 was admitted to the bar by Judge George W. Ruddick. Since that time Mr. Chapman has applied himself wholly to the practice of his profession and has built up a lucrative practice. He held the office of county superintendent of schools for four years, and proved a very efficient officer. He was married, in 1875, to mary E. Clark, a native of Canada, who has borne him two children - Mina L. and Clara M.

E.F. Thompson came to Lake Mills from Minneapolis, in 1876. He had been in practice in the latter city for some time, in partnership with a law firm, and had met with very good success.

In 1869 J.E. Howard came with his parents to Forest City. Early in 1876 he commenced the study of law and was admitted to the bar in 1878 by Judge C.T. Granger, at a term of the circuit court. Mr. Howard was born in Fayette Co., Iowa, Aug. 31, 1855, his parents being Samuel and Jane (Alcorn) Howard, natives of Pennsylvania. He is not in actual practice at present, but is engaged in land and collection business. Mr. Howard is one of the rising young men of Forest City.

J.T. Lattimore came to Forest City in the spring of 1877 and opened a law office. Mr. Lattimore is a native of Pennsylvania. He studied law in Mason City with Judge Wilbur, and on being admitted to the bar came to Forest City. He is now connected with the Forest City Bank, and his time is chiefly occupied in attending to land sales and collections.

The law and real estate firm of Pickering, Hartley & Horwood, of Northwood, established a branch business at Lake Mills, in 1879, and W.C. Harwood took charge of the business. Messrs. Pickering and Hartley are the lawyers of the firm, Mr. Harwood, attending to the other business of the firm.

David Secor was admitted to the bar in 1879. He was register of the State land office for two terms, and a sketch of him is given in the chapter on "National, State and County Representation."

Col. A.H. Chase was admitted to practice, on certificate from the State of New York, in 1875. Mr. Chase is the present editor and proprietor of the Winnebago Summit.

J.T. Kean located at Lake Mills, for the purpose of practicing law, in the fall of 1880. After remaining two years he went to Washington, D.C., to accept a clerkship in the adjutant general's department. Mr. Kean was a young man of fair ability and gave promise of making a good lawyer.

J.D. Leland located at Forest City in 1880, and practiced law with W.H. Fisher for about two years. He is now located at Lelandsburg, where he is now postmaster. He is still in practice.

¹History of Kossuth, Hancock and Winnebago Counties, Iowa. Springfield, Illinois: Union Publishing Company, 1884. 799-07.