CHAPTER XXIV __________ THE MONTGOMERY COUNTY BAR To adequately and fairly treat of the Montgomery County Bar from the beginning of its history to date is not here attempted, for adequate biography of its members would of itself fill a volume. Although the practice of law in the county has been connected with few noted cases, there have been among the legal fraternity, men of ability and learning, men of commanding influence and of state-wide reputation—an honor to the profession and to the county. Brief mention has been made in this volume concerning non-resident lawyers whose custom it was to accompany the judge to the several places of holding court. Some of these lawyers have been men of influence in a wider field. The following lawyers for a shorter or longer time resided in Frankfort at the time when it was the county seat: M. V. B. Bennett, subsequently Editor of the "Copperhead"—a newspaper published at Ottumwa, Iowa, during the war. Finding that his newspaper enterprise was not a success, he entered the field as a temperance lecturer in Kansas and other states. A. P. Morehouse, who opened up an office in Frankfort and commenced the practice of law, afterwards becoming the governor of Missouri. W. S. Boysden and J. B. Packard were the first lawyers to settle in Frankfort. The former removed To Nebraska City, where he engaged in freighting for the U. S. Government Supply in the Western Forts. Page 204 David Ellison, a good lawyer and affable gentleman, was a former student in the office of Judge Gray of Des Moines. He joined the army and at the close of the war, with the rank of major, engaged in his profession at Kansas City, Mo. He is still living there with well earned honors. Wm. H. Fishback, who combined the practice of law with school teaching in the old court room, has been swallowed up somewhere in the great west. The late Allen Beeson became a
resident of Frankfort not long before the removal of the county
seat to Red Oak. He came to Red Oak, bringing his house with
him, and he put it upon Grimes Street on Block 60. A law partnership
was formed with B. E. A. Simonds, and this was continued for
a brief period. For several years he was one of the leading
lawyers of Red Oak. He finally formed a partnership with a
prominent lawyer at Plattsmouth, Nebr. Mr. Beeson was an effective
advocate and a particularly strong man before the jury. He
had some of the characteristics of his brother, [R. W. Beeson - A leading member of the Red Oak Bar and distinguished in his profession in Western Iowa.] Of lawyers living in Red Oak, there have been many. The first in point of time was the late Charles E. Richards, a young man from Central New York, a graduate of the Rochester, N. Y. University. He immediately took rank as a leading attorney in Southwestern Iowa. His college training and studious habits gave him an enviable reputation for close reasoning and logical conclusions. He had remarkable success with cases he carried to the higher courts. In politics he was a life-long Democrat who refused to accept the honors his party would have thrust upon him. For a long time he was a partner of Judge J. W. Hewitt, constituting the strongest law firm in Red Oak and perhaps in Western Iowa. This partnership was dissolved only upon the death of Mr. Hewitt. At an earlier Page 205 date, Mr. Richards and P. H. Good were law partners for a short time. Captain Good died several years ago. The mantle of the father, who died this year (1906), rests upon his son, Paul W. Richards, a young man, with a well furnished mind and educational equipment. At an early period in the history of the county, B. E. A. Simonds came, the trusted agent of the B. & M. R. R. for the sale and transfer of their lands. He was painstaking, accurate and attentive to the interests of his clients. His home now is in California. He is remembered especially for his zeal in the cause of temperance, and those engaged in the unlawful traffic of intoxicants, pronounced him an enthusiast and a meddler. And yet, withal, he was known as a conscientious follower of his convictions and a gentleman. Forty years ago, W. F. Carlton, a young man just from his studies at school, came to Red Oak and opened an office. He was employed in such work as there was to do in the different county offices, taking such cases as would naturally come to one without experience in the presence of sharp competition. For a short time he was a partner of Smith McPherson, a young man without experience like himself. Mr. Carlton finally located in Spirit Lake, going there when Dickinson County was in its primitive state and the town of Spirit Lake a mere hamlet. Time, opportunity and application to business has yielded him a suitable reward. He is one of the solid influential men of that community and has been entrusted with important interests. The name of J. C. Cooper appears on record in cases before the court. He was a man of good ability, but lacking the essential elements of success. Newton Hanna, a graduate of the law department of the Iowa State University, turned his attention to the real estate business after a brief period devoted to the profession of law. John R. Welpton, Hanley—first mayor of Red Oak—and Cannon—a man past the prime of life who appeared on Page 206 the scene for a few years—should be included in the list. All of these last mentioned, with the possible exception of Hanley, are dead. J. M. Bartholemew was a strong lawyer and the firm of Bartholemew & Nutter were the leading members of the Bar in the county, at one time. Bartholemew removed to South Dakota and served with great ability on the Supreme Bench of that state. Mr. D. B. Miller gave up the practice of law to enter a more lucrative occupation in which he has had phenomenal success. The late W. S. Strawn ranked among the first lawyers of the county. He was a tireless worker and one who mastered every detail of his cases. His arguments before the court and jury were models of English composition and were the finished product of an able though somewhat eccentric man. He made for himself a name both here and later on at Omaha, of which all were proud. Z. T. Fisher and J. B. Gregg have finished their course on earth, leaving behind them honorable records of faithful service in the line of their profession. The former served as mayor of the City of Red Oak and as a member of the State Legislature. W. M. Wright left the county when a young man—an educated gentleman who has made for himself an honorable name in Northeastern Nebraska. The late F. E. Pomeroy was a young man of promise, painstaking, conscientious giving his clients faithful and honest service. He was a partner of R. W. Beeson. He was loved by all who knew him. Of the practicing attorneys now doing business who have not been heretofore mentioned are T. J. Hysham, a safe counselor and attentative to important interests intrusted to him; Page 207 and Edward Mills, who for a few years was a practitioner in Elliott. Mr. Mills also served as County Attorney and now resides at Red Oak. Of the old attorneys who resided at Villisca and had the greater part of the law practice there, in contiguous territory and in the Valley of the Nodaway—viz. J. T. Patterson, A. M. Walters and Wm. Redmon—non remain. Patterson is dead after serving as County Attorney in a Western Nebraska county at Rexford where he was also editor of a newspaper. E. C. Gibbs, a former mayor of Villisca, has taken up their work and is carrying it on successfully. He is an indefatigable worker and has a growing practice. He has the confidence of those who know him best and since the removal of F. P. Greenlee from that locality to Red Oak to assume the duties of county attorney, he has that field largely to himself, though Mr. Greenlee retains most of the practice that had come to him there by his years of service in the capacity of counselor and attorney. Mr. Greenlee has been honored by the county in the capacity of a legislator for the customary length of time. As a maker of laws, he served on important committees in the legislature. W. W. Merritt, Jr., has had a few years' practice with good success. His mental equipment, aided by the discipline of the law department of the Michigan University, from which institution he graduated, qualified him for good and efficient work in his profession. W. C. Ratliff, a promising young attorney, recently became a partner of R. W. Beeson, an old practitioner. Ralph Pringle, another young man
with a thoroughly disciplined mind, of studious habits, and
a graduate of old Yale College, is a partner of [Ex-Senator J. M. Junkin—A leading member of the Bar of Southwestern Iowa.] Page 208 a lad of nineteen years, he came to Red Oak, where he has since resided. He attended school at Fairfield, Red Oak and Iowa City, completing the law course and graduating from the law department of the State University in 1879, after which he entered upon the practice of law, winning his way to the front of his profession. In the same year he formed a law partnership with Horace E. Deemer. This partnership was dissolved in 1886, when Mr. Deemer was elected District Judge. Mr. Junkin continued his practice alone until recently, when he and Ralph Pringle formed a partnership. Mr. Junkin is Republican in politics and, being an effective public speaker, has been in demand as such in the county and state, especially in the heated campaign of 1896. In 1895 he was unanimously nominated for State Senator (Senatorial District of Montgomery and Mills Counties), was elected, and took special interest as a member of the Judiciary Committee in the revision of the code during that session. The convention called for 1899 accorded him the courtesy of naming the delegates. He was elected another term in the Senate, commencing January 1900. He served in all five sessions, and was chairman of the Committee of Ways and Means from 1900 to 1904.
Page 209 ary period in favor of freedom and independence. He belonged to the liberty party and was an uncompromising foe to human slavery—would not compromise by voting with either of the dominent [dominant] parties, and supported James G. Binney for President. Subsequently active with the Free Soil Party until the Republican Party came into existence, he removed, with other pioneers, to Fort Findly, Ohio. Horace Deemer's father was John A. Deemer, a lumber dealer who married Elizabeth Erwin of Columbiana County, Ohio. He also was a sworn foe to slavery and became a volunteer agent of what is known as the Underground Railroad. The Erwins were of the sturdy Scotch Irish stock that has given to our country so many who have played an important part in national affairs. The family came to Cedar County, Iowa, in 1866 and engaged in farming. Young Horace was a lad of eight years of age, having been born in Bourbon, Marshall County, Indiana, Sept. 24, 1858. He attended the public schools in West Liberty and the collegiate department of the State University of Iowa, afterwards taking a course in the law department, from which he graduated in 1878, receiving the next year the degree of L. L. B. Like many other men, he earned his own way through college. For a time he assisted his father in the lumber business in West Liberty and, just before entering college, was engaged in the furniture business. After his admission to the bar, he entered the law office of Lamb, Billingsley & Lamberton in Lincoln, Nebr., remaining there practically a student of office methods with old practitioners. His nomination as District Judge in 1886 and his renomination and re-election by an increased majority followed in 1890. While on the bench, many important cases were tried before him, notably, in our own county, the Cross murder case. The joint rate case, which was of general interest, was tried before him. Governor Frank D. Jackson in 1894, upon the urgent Page 210 recommendation of members of the bar in his district, appointed him Judge of the Supreme Court, the Legislature having increased the number from five to six. His work for the past twelve years fully justifies the expectations of those who have practiced before him, that he would prove to be an able jurist. Among the opinions of the court he has written may be mentioned one on the constitutionality of the Mulct law, one on the constitutionality of the Party Wall Statue and of the Anti-Cigarette Law, and others of more or less importance. In 1898 he served as Chief Justice. He became Judge of the Supreme Court at thirty-five years of age. He remains faithful to his trust and honors his profession and the state. ONce he was urged to accept the chancellorship of the Law Department of the State University at an advanced salary, but decided to remain on the bench. Before he was Judge of the District Court, he was Assistant Inspector General of the First Brigade of the Iowa National Guard, with the rank of major, arriving to that position from a private through the various grades. The Judge is a Knight Templar and a Knight of Pythias. He was married in 1882 to Miss Jeanette Gibson of Red Oak. As a citizen, the Judge has always taken a deep interest in things that tend to the well being of the community, whether of a business, educational or social nature. He was Secretary of the County Fair six years and Chairman of the Republican County Committee during one campaign. The farmers of the county are especially indebted to him for his very great assistance in locating an adjunct of the Agricultural College in the county, whereby they can avail themselves of the correct and scientific methods of agriculture and allied subjects.
Page 211 University at Iowa City. when the name of Smith McPherson was called, there came forward a short, sturdy young man with a confident bearing and with characteristics in manner and method quite distinct from the others. The writer does not remember what he said, but his subject was "Torts." One of the regents of the University turned to the writer and asked which one of the class would be heard from in the future. The reply was, "That little fellow from Indiana"—now a fulfilled prophecy. To my astonishment, young McPherson soon after appeared in Red Oak in search of a suitable location to practice law. While in a reminiscent mood a short time ago, Mr. McPherson stated that the writer was the first man he became acquainted with in Montgomery County, more than a third of a century ago; that of the six regents of the university when he graduated from the law school in 1870, only one is now living—James Wilson, now Secretary of Agriculture in President Roosevelt's cabinet. Of the Judges of the Supreme Court who admitted him to practice, Judge Chester C. Cole is the only one now living. Charles Linderman, now a banker of Clarinda, was clerk. Later on, Mr. McPherson was admitted to practice in the United States Courts, presided over by Samuel F. Miller, afterwards Associate Justice of the Supreme Court of the United States, John F. Dillon and James E. Dove. Dillon—the only one now living—is in New York City, the head of the bar of the United States and respected by the entire country. Mr. McPherson was admitted to practice in the Supreme Court of the United States, when the court had as its prosecuting officer, Chief Justice Fuller. Judge McPherson's advancement to his present exalted position has been by "leaps and bounds." He took rank as a lawyer at the Montgomery County Bar from the very start and after less than four years' practice, he was elected, in 1874, on the Republican Ticket as District Attorney for the Third District, after a vigorous contest in which he was aided by those who were his personal Page 212 friends but political enemies. When once in position and having the advantages and the prestige of faithful and efficient service, he was re-elected, serving the District in all six years. The next round of the ladder upon which he was climbing was his election by a large majority to the office of Attorney General of the state. He served in that capacity four years, his logical reasoning and ability as a lawyer giving him prominence at once and he was generally recognized as one of the foremost lawyers in the state. From 1884 to 1898, he devoted his attention to his law practice. He was employed in nearly every case in Southwestern Iowa that required skill and professional ability. He was a zealous advocate of the principles of the Republican party and discussed the political issues between the parties on the platform on suitable occasions. He was often demanded as a public speaker and readily yielded to reasonable requests to do so. For some years he was the general attorney for the C., B. & Q. Railroad. His generous nature, extensive acquaintance and party service conspired to secure his nomination and election to a seat in Congress of the United States, representing the Ninth District, where as a new member, he had unusual influence. He resigned his office as Member of Congress to accept a higher position tendered him by the President of the United States—that of United States Judge for the Southern District of Iowa, which position he now holds. The Montgomery County Bar, collectively considered, occupies no second position to that in any of the counties similarly situated and containing no large cities; individually considered, it has members not out-ranked in Iowa. Of the state judges assigned to this county, we had many. There were four circuit judges: Robert Douglas of Council Bluffs, James W. Hewitt, previously mentioned, Daniel D. Gregory of Afton and John Chaney of Osceola. The court was abolished years ago. Our first district judge was James W. McDill. He was Page 213 patient, affable and a good lawyer. He was a congressman and a United States Senator by appointment. He was not brilliant, but was as true as the needle. He was followed by Captain Joseph R. Reed of Council Bluffs, who had gone through the war as captain of a battery of light artillery. Judge Reed is still in vigorous manhood, after serving as congressman and as an Iowa Supreme Judge; also, under appointment of President Harrison, as Chief Justice of the Court of Land Claims. He was followed by Samuel Forey of Leon, who is now totally blind, but living in contentment and happiness, without sorrow or complaint, awaiting the final summons to come up higher. Then came R. C. Henry of Mount Ayr, now County Attorney of Ringgold County, followed by Captain John W. Harvey of Leon, a soldier for the Union, still in full practice. Then the district was changed, and our district was given four judges. The following are judges who have served since that time: C. F. Loofbourough of Atlantic, who recently died in Salt Lake City, where he had moved several years ago; Judges Deemer and Smith McPherson of this county; A. B. Thornell, yet serving us; George Carson of Council Bluffs, another old soldier; W. S. Lewis of Glenwood; W. R. Green of Audubon, still serving; N. W. Macey, still on the bench; Walter I. Smith of Council Bluffs, now serving with credit as congressman; and O. D. Wheeler of Council Bluffs, yet on the bench.
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