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Hardin County >> 1883 Index

History of Hardin County, Iowa
Springfield, Ill: Union Publishing Company, 1883.

Courts

J. H. Bradley was the successor of Judge Rose [Circuit Judge], and was elected in the fall of 1872, entering upon the discharge of his duties in January, 1873.  The first term at which he presided in Hardin county, was in February of that year.  He was re-elected in 1876, and served his second term, ending January, 1881.  Judge Bradley made an able and impartial judicial officer, and was generally esteemed by Bar and people.  For several years previous he had been prosecuting attorney for the district, and his qualifications were therefore well known by all.

Daniel D. Chase was born in Canajoharie, New York, July 4, 1830.  Until he attained the age of seventeen he remained at the old homestead, attending the district school in the winter season, and laboring like other lads in rural communities on the farm during the spring, summer and autumn.  The four ensuing years he passed at the Ames Academy and the Cazenovia Seminary, where he acquired a good academic education, and taught in the meantime to procure the necessary funds to pursue his studies.  After he ceased attending the seminary he became principal of the public schools at Cazenovia, at the same time commencing the study of law.  He was afterwards called to the charge of Woodstock Academy, successfully discharging the duties of a teacher while pursuing his legal studies.  He was admitted to the Bar of the State of New York at the general term of the Supreme Court, in Saratoga county, January 1, 1856, and entered at once upon the practice of his profession.

In August, 1858, Mr. Chase removed to Iowa, settling at Webster City, Hamilton county.  He came here with no capital save that which was stored up in his brain, and an earnest determination to deserve success.   Upon his arrival in the little frontier town which he had selected as his home, and which then contained scarcely four hundred people, and the county not over sixteen hundred, he found the small legal practice in the hands of two older lawyers, who had settled there some time previously.  It was many months before he secured his first retainer -- a discouraging fact to a man of limited means, when the times was hard, and growing worse with every succeeding week.  But he patiently bided his time, and finally the temperance people were forced to employ him in the prosecution of Sunday violations of the liquor law; both of his competitors, fortunately for him, being engaged on the other side.  The fight was a prolonged and bitter one, and it served to bring prominently to the notice of the people the fine legal ability and great force of character of the hitherto reserved and rather reticent and neglected young lawyer.   This rough and tumble contest completely "westernized" him, and from this time forward he was a favored attorney.  In the following winter he visited a number of the counties in the Eleventh Judicial district, becoming acquainted and securing quite an addition to his slender, legal practice.  In a short time he was accorded a leading position in his profession in northwestern Iowa.  Noted for his purity of character, dealing fairly with his clients, and never encouraging litigation, except in cases where its necessity and justice rendered it imperative -- thus making him always the safest of counselors -- he rapidly won his way to a high place in the popular estimation.

In the Autumn of 1859 his name was prominently mentioned in connection with the position of County Judge, every delegate to the convention favoring his nomination, but he declined the proffered honor.  In the ensuing year, at the Republican Judicial Convention, he was unanimously tendered the nomination for member of the Board of Education, to which he was chosen in October following by a large majority.  Before his term of service expired he was elected District Attorney.  In 1865, a vacancy having occurred in the office of District Judge, he was appointed to fill the vacancy by Governor Stone.  He was twice nominated by acclimation and twice elected to this distinguished position, and, at the close of nine years' continuous service on the bench, declined a third term nomination, and retired to private life.

Judge Chase was always held in the highest esteem by both the Bar and people.  On his retirement from the bench, the Bar of his county passed a most complimentary resolution, declaring that "by his ability, efficiency and integrity in the discharge of every official duty, Judge Chase has won, and is worthy of, not only the commendation and plaudits of the Bar, but of the entire people who have received the benefits of his labor."  The Bar of the entire district, on the last day of his court, united in presenting him with a magnificent gold watch and chain, to purchase which they contributed the sum of $500.

Judge Chase, in his early days, was a Whig, but has acted with the Republican party since its organization.  He was a delegate-at-large to the National Republican Convention which nominated President Lincoln for his second term.

H. C. Henderson, the present judge of the Eleventh Judicial District, is a native of Virginia, and comes of a family who were quite prominent in that commonwealth. His father was an old-line whig and quite intimate with Henry Clay, John Bell, and other noted politicians of that school. The family, or a portion of it, moved to Illinois at an early day; one of the members of it having since attained a national reputation – Thomas J. Henderson, Colonel of one of the Illinois regiments during the rebellion, and subsequently a member of Congress from that State. While residing in Illinois, H. C. read law and was admitted to the Bar. For several years he practiced his profession in Rock Island in that State, from which place he removed to Iowa about 1856, locating in Marshalltown. Here he gained a large practice and quite a reputation throughout the State, as a lawyer and as a politician. He is also a Radical Prohibitionists. On the death of Judge McKenzie, he was appointed by the Governor of the State, to fill the vacancy on the bench in this district. The position he has filled in a satisfactory manner, so much so as to secure him the nomination for the full term, beginning January 1, 1883. Of his election there can be no doubt.

Judge McFarland was an odd character, although one of the brightest men that ever presided over the courts of the Fifth or Eleventh Judicial District. Cave J. McFarland was born at Mount Vernon, Knox county, Ohio. He read law with John C. McNulty, Clerk of the House of Representatives. He came to Lee county, Iowa, in 1844, and was subsequently Prosecuting Attorney for the county for several years, and also represented that county in the legislature. He afterwards moved to Boone county, where he was appointed Judge of the Fifth Judicial District, and was afterwards elected. He died in April, 1869, at Boonesboro.

Many anecdotes are related of Judge McFarland, some of which are too good to be lost. He had nick-names for many of the attorneys who practiced before his court. James W. Wood he called "Old Timber," and Gov. Eastman "Old Spot," from the fact of his being marked with small-pox. On one occasion, while Old Timber was addressing the court, an ass walked up near one of the windows and set up a terrible bray. The Jusge quickly turned to Mr. Wood and cried out: "Sit down, Old TImber, sit down; one at a time, if you please."

James Wheeler McKenzie

Judge McKenzie was compelled to resign on account of ill health, and died shortly afterwards. From the Franklin County Recorder , under date January 18, 1882 , the following sketch of the judge is taken:

“Judge McKenzie is dead. After a lingering illness, which he bore with extraordinary fortitude, he peacefully breathed his last at half past four o'clock last Sunday morning, January 15 th .

James Wheeler McKenzie was the son of Roderick and Rachel McKenzie, and was born in Wyandotte county, Ohio , July 2, 1843 . His early life was spent on a farm, with such early schooling as the district schools could afford. He early manifested a taste for reading and intellectual pursuits however, and the outbreak of the war found him well educated and well informed for his age. His first enlistment was in a regiment know as the “Squirrel Hunters,” which were called into service to protect the southern border of Ohio, but this service was of short duration, and in March, 1864, he enlisted in the Signal corps as a private. At this time he was, and had been for about two years, a student at the Ohio Wesleyan University at Delaware in that State. He was assigned to duty in the department of the Tennessee , and most of the time until the close of the war he was on duty at the corps headquarters, commanded by Logan, McPherson and Howard. He was an eye witness of the death of Gen. McPherson in 1864, and narrowly escaped capture at that time. While at Altoona , October 5, 1864 , when that place was attacked by the rebels under Gen. French, he was on duty with a detachment of Signal men, and acting as Sergeant, but in reality only a private; the occurrence took place which has passed into history and song under the title of “Hold the Fort!” One of the other signal men undertook to flag the message, and to do so had to stand upon the parapet in full range of the enemy's guns, and he failed to perform the task; when McKenzie himself jumping upon the parapet, completed the message, and for bravery on this occasion he was mentioned in General Order No. 47, from the Bureau of the Signal Corps, Nov. 30, 1864, as follows:

“For coolness, bravery and good behavior under fire, during an attack of the enemy on Altoona , Georgia , October 5, 1864 .”

In the summer of 1865 he was mustered out of service, and after one term spent at Oberlin College , he taught school during the winter of '65 and '66, and commenced the study of law in the office of Berry Bros., at Upper Sandusky in the spring of 1866. In the fall of that year he entered the law department of the Michigan State University at Ann Arbor , graduating therefrom in the spring of 1868. His father had removed with his family to Richland Tp., in this country, in the spring of 1867, so that he spent the summer at his father's place, returning here upon his graduating in the spring, as stated above. At the spring term of the District Court of that year, he was admitted t the Bar and commenced practice.

The first year or two was not encouraging to him. He lacked the pushing forward and self-sufficient manner that brings many young lawyers to the front, especially in the west; but he as during all this time a close student, and finally it began to be know that this pale-faced, quiet young man was a well-read lawyer, a safe counselor, and above all, an honest, upright man. From about the first of the year 1870, his practice steadily increased until, when at his nomination for District Judge, he stood confessedly at the head of the Bar in Franklin county. He was never an office seeker, although he was for three years President of the school board of the Independent District of Hampton, and in 1876 was a delegate to the National Convention at Cincinnati , that nominated Hayes. July 10, 1878 , he was nominated for District Judge for the Eleventh Judicial District at the convention held at Fort Dodge , and was elected at the October election following, by a majority of 2,336 over Hon. H. E. J. Boardman, a well-known and popular lawyer, which was 480 ahead of the State Republican ticket in the district. In January following he assumed the duties of his office, and from that time until failing health compelled his resignation, he discharged the duties of the office with industry and fidelity, and showed a rare adaptation to the position. In fact he possessed in perfection the qualities that go to make a good judge, and if his life and health had been spared, he would have made for himself a bright record as a judge, and achieved distinction on the bench.

Judge McKenzie was, while eminently a just man, also a kind-hearted and philanthropic one, and public-spirited and liberal even beyond his means.

He was a member of the M. E. Church, and met death without a doubt as to the future.

In December, 1871, he was married to Miss Delia Hemingway, of Ann Arbor , Mich. , and she remained with four children, a boy and three girls, to mourn the loss of the kind husband and father. About a year ago he was taken with bleeding at the lungs, but continued to discharge his duties until March, when became so much worse that he came home and took to his bed. He recovered sufficiently to take a trip to Tennessee in May, going from thence to Michigan, where he spent the summer, and then returned home, having abandoned all hope, and, as he said to himself, “Only waiting for the end.” From that time he gradually grew weaker and weaker, until when death did come to him it must have come as a relief.

Other citizens of Hampton may become more distinguished than him, and chieve greater notoriety, and even popularity as the world goes, but o one will ever hold a stronger place in the hearts of our people and of all who knew him, than J. W. McKenzie.”

D. D. Miracle was elected successor [Circuit Judge of Hardin county] of Judge Bradley in the fall of 1880.  His first term in Hardin county was in May, 1881.  His qualifications as a judge are undisputed.

Isaac J. Mitchell is a native of Ohio, and was born in Cincinnati on the 31st of May, 1827. While an infant his father moved to a farm in Clermont county, Ohio, and there the son worked until he was nineteen, when he went to a high school in Laurel, Ohio, a few months, to prepare himself for a teacher. He taught in Brazil, Indiana, and adjoining districts, for three years. While preparing to teach, he worked on a farm for two dollars a week, devoting the money thus earned to the purchase of text-books. He read law while teaching in Indiana, and completed his school education by attending Asbury College, Greencastle, Indiana, one term, when, his health giving way, he had to leave the institution. He removed to Boonesboro, Iowa, in June, 1855, and there resumed his study of law shile engaged in the drug business. He finished reading law early in 1858; was admitted to the Bar in Boonesboro in April, and opened an office there in that year. He has since been in constant practice, except when in office, building up a large business and an enviable reputation.

He served as justice of the peace in 1857, while reading law in Boonesboro, and the next year was elected a member of the State Board of Education, serving two years. In 1868 he was elected State Senator for the term of four years. He was chairman of the committee on enrolling and agriculture, and acted on three or four other committees. He was a very useful and influential member of the Assembly.

While in the General Assembly, he was elected by that body a trustee of the Iowa State Agricultural College, and most of the time was a member of the executive committee of the same institution.

In 1874 he was elected Judge of the Eleventh Judicial District, and served four years. He was recognized as a man of great purity of character, well read in the law, with good judgment, dignity, decision of character, and other qualities that tend to make an excellent judge. He had a hard struggle in securing an education, but success crowned his efforts.

John Porter, the successor of Judge Thompson, was born in Washington county, Pennsylvania, April 14, 1828.  His boyhood life was spent in milling and farming during the summer seasons, and in attending the common schools in the winter.  At the age of eighteen, he commenced teaching "district school," and for three years his time was passed alternately in teaching and attending school to perfect himself in the higher branches.  He then entered the office of Todd, Hoffman & Hutchins, Warren, Ohio, where he read law some years.  In 1854, on his admission to the Bar, he located at Plymouth, Indiana, where he remained two years, and then removed to Mason City, Cerro Gordo county, Iowa.  He soon took high rank as a lawyer, and obtained a good practice for that day.  In 1858 he was elected judge of the newly organized district, which position he occupied until he resigned, in 1866.  The energy displayed, with quick and good judgment, earned him the good will of both the Bar and people of the district.  Judge Porter was united in marriage with Mariam Stevens.  They have one child. For several years the judge has taken great interest in railroads, and has devoted much of his time to securing roads through Hardin county.  As a lawyer, he is recognized as one of the best in the State, and is an honor to the Hardin county Bar.

Samuel L. Rose, of Hamilton county, was the first Circuit Judge.  He was elected in the fall of 1868.  Samuel L. Rose was born in Augusta, Oneida county, New York, on the 19th of December, 1818.  His father was Dr. Nathaniel Rose, and one of the ancestors of his mother (whose maiden name was Abigal Knowles) came over in the Mayflower.  The paternal grandfather of Samuel was a victim of the Indian massacre at Wyoming, Pennsylvania.  The early years of young Rose were spent in schools, he entering Augusta Academy at an early age, and remaining in it until he was eighteen, excepting one winter, when, at the age of sixteen, he taught school at Kennett, Chester county, Pa.  Among his pupils that season were Bayard Taylor and Mr. Wickersham, since State Superintendent of Public Instruction in Pennsylvania.  Mr. Rose began the study of Medicine before leaving the academy, but at nineteen abandoned it for the study of the law, reading at first with Judge Beardsley, of Utica, and then with Hon. Timothy Jenkins, of Oneida.  He was admitted to the Bar in 1841, and practiced in his native town until 1850.  During the last named year he moved to Beaver Dam, Wisconsin, where he rose to eminence as a lawyer, he giving, meanwhile, part of his time to railroad matters.  In December, 1857, he removed to Milwaukee, where he engaged more extensively inrailroading, and was at one time President of the Milwaukee and Western Railroad Company.  In 1862 he crossed the Mississippi, halting one year at Fort Dodge, Iowa, and then locating at Rose Grove, in the adjoining county of Hamilton, fifteen miles from the county seat, where he now has one of the lovliest homes in this part of the State.

A farm life has long been his choice. He has six hundred acres under improvement, and raises a great deal of fruit.

Mr. Rose was elected judge of Dodge county, Wisconsin, before he was a voter in that State, and served until 1856 when he resigned.  He was a member of the Wisconsin Legislature four years, two in each house, and was one of the most prominent men in that body.  Mr. Rose was the first postmaster at Rose Grove, and held the office six years.  He was chairman of the Board of county Supervisors for six years.  While a resident of Wisconsin, he was a part of the time very active in educational matters.  He aided in founding Mayland University, at Beaver Dam, and was the first President of its Board of trustees.  For six years he was one of the regents of the University of Wisconsin.  Mr. Rose belongs to the Masonic and Odd Fellows orders.  He was a Democrat of free soil proclivities until 1856, since which date he has been a Republican.

As a Judge, Mr. Rose gave satisfaction to the Bar and public.  He served the full term of four years.