CHAPTER XLIII

_History of Marion, the County Seat_

BY HON. JAMES E. BROMWELL

Marion, most fittingly called the "City Beautiful," or the "Grove City," was laid out in 1839 on a semi-circular plateau of prairie that lay within a timbered crescent bordering and following the course of Indian creek on the west, and opening into a vast extent of prairie on the east, to which it lay joined like a protected harbor of the sea. Before it was laid out in the spring of 1839, it was located by a special board of commissioners appointed by the territorial legislature of Iowa in 1838, as the county seat of Linn county, and was named in honor of General Francis Marion.

David A. Woodbridge, who was appointed to superintend the work, and Ross McCloud, the first county surveyor, proceeded to lay out the town, and on December 2, 1839, assisted by Hosea W. Gray and A. J. McKean as chain carriers, Elisha Kemp stake driver, and Ira Wilson flagman, and under the direction of David A. Woodbridge, agent, the town of Marion was platted on the west half of the northwest quarter of section six, township eighty-three, range six, and the east half of the northeast quarter of section one, township eighty-three, range seven.

The town consisted of fifty-six blocks, 250 feet square. The lots were 60 by 120 feet, and the alleys ten feet wide. The four streets that enclose the public square were laid out eighty feet wide, all other streets sixty feet wide. The lots on which the court house and other county buildings now stand, were then reserved for public use, as was the park, consisting of the block directly north of that on which the county buildings now stand, and block fifty-six, the southwest block of the plat, was reserved for a public cemetery.

Isbell's Grove, now known as Irish Hill, lay to the southeast of the town plat like a beautiful emerald island cut off from the body of timber lying south of it by a strip of prairie, where, in 1838, William K. Farnsworth had entered a claim. He was the first actual town settler, although James Preston and Prior Scott had entered a large tract of land east of Isbell's Grove about the same time, and a part of which lay open until the eighties, and was known as Scott's Prairie.

Soon after the town was located, Luman M. Strong and James W. Bassitt located northwest of the town; Rufus H. Lucore, west; John C. Berry and Hosea W. Gray, north; James W. Willis, northeast: George W. Gray, south; John Margrave, northwest; and Aaron Moriarity, James and Henderson Smith on the land now owned by Emmett Kemp; James Blackman, adjoining on the northeast; Samuel Ross, his mother and several brothers, adjoining the Willis place, later known as the E. A. Vaughn farm.

[Illustration: VIEW OF MARION, 1868]

Henry Thompson erected a mill three miles south on Indian creek. The timber southwest and west was taken up in small parcels; and Ephraim P. Lewis, one of the second board of county commissioners, and A. B. Mason settled between Marion and Cedar Rapids and were the first settlers in that direction. All of these came to Iowa in 1839; and in the fall of that year the Brodies and Leveriches settled two miles northwest of town. A little later Norris Cone settled southeast towards Mount Vernon, and Norman, George, and John Elihu Ives, four miles east; and a large part of the Ives land is now owned by two sons of Elihu Ives, viz: John and Julius Ives. W. L. Winter and wife settled on Dry creek, northwest of Marion, in 1842; and the wife, Clarissa D. Winter, eighty-eight years of age in March, 1910, with her mind unimpaired, and intellect grown seemingly brighter with the years, is living with her daughter, Mrs. R. Lee Taylor, in Marion.

The first house built in Marion, although then without the town plat, was that of Luman M. Strong, erected in 1839. It was also the first tavern. It stood on the Center Point road, now known as Central avenue, and occupied the site where Alvin M. Goldsberry built his home, which is now owned by J. B. Michel. The second house was built the same year by Henry Thompson and David A. Woodbridge, also outside the town plat, and on the site now occupied by the residence known for years as the H. P. Elliott home, on Twelfth street, just north of the Odd Fellows building. These men also built the first store, a log shanty, near where Charles A. Patten's residence now stands on north Eleventh street; and were licensed by the commissioners as follows: "Ordered, that Woodbridge and Thompson be allowed a license to vend and retail foreign merchandise at their store in Marion, for one year from the 9th day of October, 1839." In 1840 Addison Daniels came to Marion on horseback from Iowa City, seeking a business location, although there was not a house nor tree within the city limits, just a sea of tall, waving, wild grass with cow-paths running here and there. But he contracted with Hosea W. Gray for the erection of a store building 20×22 feet in size, and went to Muscatine by horse and thence to St. Louis by boat, where he purchased a stock of goods and returned to Marion. It took him about six months to make the trip, and when he returned he found his store room ready, and three residences in the town proper, viz: that of George Greene, afterwards judge of the supreme court of Iowa, capitalist, and later a prominent citizen of Cedar Rapids, on Main street west of Market street on the lot later occupied by the residence of Joseph Mentzer in the rear of C. F. Reichert's grocery store; that of Joseph W. Bigger, later a prominent farmer southeast of Marion, where Dr. Bardwell lived so many years, and now occupied by Eliza Bardwell: and that of L. D. Phillips, built by Joseph W. Bigger, assisted by James E. Bromwell, as a hotel and known for many years as the American House, later as the Newhall, on the site now occupied by Ed. Sigfred's clothing store.

The first store of Marion, in the city proper, was that of Addison Daniels, who continued in business for nearly half a century with marked success. It stood on the site now occupied by the Home Bakery of Mrs. Smith, on Tenth street. Mr. Daniels was Marion's first postmaster, a man of public spirit, sterling integrity, and unimpeachable character. He died June 18, 1883.

In the spring of 1840, O. S. Hall, a pioneer of marked christian character, built a one and a half story frame building just north of the first store of Mr. Daniels, where he opened a hotel known as the Iowa House. He also served one term as county recorder in 1843. He died in 1846, but the hotel was continued by his widow and son, O. S. Hall, Jr., still living in Marion, until 1871, but in later years in the large brick building in the same block at the corner of Tenth street and Eighth avenue. In the same spring the first jail of the county was built, a log structure, on lot two, block thirty-six, and where the Catholic church now stands, at a cost of $635.00. It was built by William Abbe and Asher Edgerton. William Abbe had removed to Marion from his claim near Mount Vernon on Abbe creek, which was named for him, and where the commissioners met to locate the county seat, and which was also one of the first polling places of the county. The first court house was built on the northeast corner of the block occupied by the present county buildings. Here the first school was held in Marion. The building was bought in 1845 for use as a Methodist church. It was later occupied for many years by Leonard Stowe for a bakery and grocery, and has recently been remodeled for residence flats. However, the county records show that the Methodists had made provision for a church building several years before, but probably by reason of the scarcity of money in those days, had been unable to build such an edifice as was required by a resolution of the county commissioners at their April term, 1842, which read as follows: "Ordered by the Board that the Trustees of the Methodist Episcopal church of the Town of Marion be allowed and they are hereby authorized to purchase of the county agent lots number three and four in block number thirty-seven on condition that they pay said agent the sum of ten dollars and erect on said lots a good and substantial church building worth at least $1,500 within two years; and the said agent is hereby empowered to execute the above sale." This description of the lots was doubtless wrong, for these were the lots where A. J. McKean built his home, where he lived until his decease. The lots intended, and where the first Methodist church was built, were lots one and two in block twenty-seven. The present court house was built in 1841 by George W. Gray, contractor.

In the spring of 1840 Hiram Beales built and operated a saw mill, if not the first, one of the first in the county, on Indian creek west of the town and on the west side of Indian creek, opposite the site of the present Howler Mill. In 1841 Richard Thomas became a partner in this mill and mill stones were introduced for grinding grain. The first upper mill stone used in this mill has an interesting history. Ambrose Harland, once sheriff of Linn county, and who first lived at the place known later as the "Old Stone Barn," on the old road between Marion and Cedar Rapids, was a stone mason and built the first brick residence in Marion in 1842 for William H. Woodbridge. This house stood in the street, where now the Methodist parsonage stands, and was for years known as the Berry house. In 1884 Samuel Daniels, who settled in Marion after the war and was Linn county's third auditor, bought this Berry house, and by reason of it occupying a part of the street and thus disfiguring the block of which Mr. Daniels owned the greater part, tore it down. As one of the corner stones of this house, Mr. Daniels found this first upper mill stone of the Beales and Thomas mill, which had in 1842 been replaced by a larger one, and has preserved it as a relic of early days.

Richard Thomas, commonly known as "Uncle Dick," came to Marion in 1840, and was a remarkable character. His farm embraced what is now known as "Orchard Heights," one of the most beautiful additions of Marion. He was of southern birth, quaint, plain-spoken, energetic, and died in 1893 at the age of 111 years. His widow and daughter, Mary English, also a widow, occupy a beautiful home in "Orchard Heights" near the original building site of the old farm.

In 1841 the first school house was built in Marion by subscription, and on the site now occupied by the C. R. Fairfield Lumber Company's office. It stood alone in the open prairie, and was surrounded by wild grass fully five feet high. Mr. Higby was Marion's first school master. It was in this building that Rev. Mr. Emerson organized the first Methodist society.

In 1838 the territorial legislature appointed Richard Knott, Lyman Dillon, and Benjamin Nye commissioners to locate the "seat of justice" in Linn county, and on the first Monday in March, 1839, two of said commissioners, Richard Knott and Benjamin Nye, met at the house of William Abbe, on Abbe's creek, and chose the site of the town of Marion as the proper location for the county seat.

In August, 1839, three commissioners were elected to act as fiscal agents of the county. The polling place was Westport, near the present site of Bertram, and Samuel C. Stewart, Peter McRoberts, and Luman M. Strong were elected. This commission was invested with about the same powers as are now exercised by the board of supervisors of the county. They held their first meeting in Marion on September 9, 1839. H. W. Gray, the first appointed and first elected sheriff of Linn county, proclaimed the board in session. Its first official act was the appointment of John C. Berry, clerk. It next named the county seat, Marion. It next appointed A. J. McKean and William H. Smith constables. At its October session, 1839, it divided the county into three election precincts, viz: one at William Abbe's, on Abbe creek, known as the Sugar Grove precinct; one at Marion, known as the Marion precinct; and one at Michael Green's, known as Green's Grove precinct. The first election judges of Marion were James W. Bassitt, Henry Thompson, and Rufus H. Lucore. At this session James W. Willis was allowed $7.75 for five days' work making town stakes and hauling same, "three loads." The first road laid out was as follows, and ordered January 6, 1840: "Beginning at the county line west of Lathrup Olmsted's farm; thence on the nearest and best ground to the town of Marion; thence to the rapids of Cedar river; thence to the county line on a direction to Iowa City, the seat of the Territorial government."

We quote one other entry of the county commissioners made at the January term, 1840: "Ordered by the Board that James W. Willis be and is hereby allowed the privilege of cutting a sufficient amount of timber off from the quarter section of land on which the town of Marion is located to finish a certain frame for which he has already got a part; provided, however, that he shall not cut any timber that is not included in the streets of said town. Said privilege is granted in consideration of house rent and fuel for the January term of this board. 1840." A very significant entry was made by this board of commissioners at its April term, 1840, in which Luman M. Strong, one of the commissioners, was granted a license to keep a grocery and "vend spiritous liquors at retail for one year at his house near Marion by paying into the county treasury the sum of $50.00." In a later record, and the only one referring to the claimant as a public officer, R. P. Lowe, district attorney for 1840, is allowed $75.00.

The county judge plan succeeded the commissioner system of government in 1851, and Norman W. Isbell was the first judge, and was elected in 1851. He was succeeded in turn by J. M. Berry, Daniel Lothian, Johnston Elliott, and A. B. Dumont. The supervisor system, one from each township of the county, by order of the legislature, supplanted the county judge in 1861; and Marion was represented on this first board by A. J. Twogood. In 1871 the present system of county government by a board of three supervisors was adopted. County Judge J. M. Berry, in 1855, in his official capacity, contracted for the erection of the present jail and fire proof building where the county offices are now located, and this brought on the court house fight of 1855, when the issues were fairly joined in the contest for election to the county judgeship between J. M. Berry, representing Marion, and Rev. Elias Skinner, representing Cedar Rapids. Berry won by a handsome majority.

Hosea W. Gray, a man of marked ability and prominent in the early history of Marion, was elected the first sheriff of Linn county. At the same election, to wit: in August, 1839, Thomas W. Campbell was elected county treasurer; Socrates H. Tryon, who was also Marion's first physician, county clerk; and G. H. Tryon, was either elected or appointed the first county recorder. Although it is well authenticated that Richard Osborn and Sarah Haines were married in Linn county in 1839, the first marriage in Marion and the second license of record in the county is that of James E. Bromwell and Catherine Gray, date August 26, 1841. This saintly pioneer died in Marion May 5, 1900, after more than sixty years continuous residence in Marion and on his farm, one and a half miles east of the town, honored and loved by all. The same year John Hunter was married to Hannah Barbary Hines, and Charles Rowe to Phebe Putnam, and Ans Safely to Margaret Hunter, and Samuel Ross to Mary Vaughn, and John Mann to Mary Mann, and Julius Allen Peet to Esther Ann Crowe, and Aaron Moriarity to Hannah Ross, and Joseph Crane to Agnes Bogard.

Hosea W. Gray, who in the Civil war was captain of Company A, Sixth Iowa Infantry, and Linn county's first sheriff, took the first census of Linn county in 1840, which showed a population of 1,373. The vote at the first election in 1839 showed thirty-two ballots cast. October 28, 1840, Peter Garrow, born in Scotland, renounced allegiance to Queen Victoria and declared his intention to become of citizen of the United States. The first divorce case was filed May 26, 1842, and entitled Dyer Usher vs. Mary Ann Usher. At the September term, 1843, it was ordered dismissed. The first divorce granted in Linn county was at the March term, 1844, of the district court, when Parthena E. Hewitt obtained a decree of divorce from her husband, Oliver Hewitt. The title of the first case filed in the district court of Linn county is Richard Thomas vs. O. S. Hall, being an appeal case brought for trespass. After several continuances it was dismissed. George Greene, Marion's first lawyer, was counsel for the plaintiff. William G. Thompson was the first prosecuting attorney for what was called the second circuit, consisting of the counties of Cedar, Jones, and Linn, and of the eighth judicial district after the establishment of the circuit court, in 1868. The first murder committed in Linn county occurred in Marion March 20, 1847, when James Reed--who then and for many years after occupied the farm later known as the Bachman farm, on the old road about half way between Marion and Cedar Rapids, and whose house was destroyed by the tornado of 1860--struck Nathaniel Carnagy with a sled stake, fracturing his skull, from which injuries he died two weeks later. Reed was indicted but found not guilty by a jury.

The tornado of 1860, which passed through Linn county on Sunday, June 3, started about six miles west of Marion. It struck the southwest part of the town but the only damage done was to a brick smoke house standing west of the house then occupied by Willard Harlan, now the home of J. Q. A. Dutton, the last house on the street car line east of Indian creek. The first deed recorded was for lots five and six, block eleven, Marion, and was executed by the county commissioners April 4, 1843, to Horace Metcalf. The second deed is to Addison Daniels. The consideration is nine dollars. It bears the same date and is for lots one and two, block fourteen, the present Clogston home, lot seven, block twelve, where the T. J. Davis building on Tenth street now stands, and lot eight, block thirteen, on a part of which the First National Bank now stands. The selection of these lots is good evidence of the business ability of Mr. Daniels in those early days.

The plats of the towns of Marion and Cedar Rapids were recorded on the same day, to wit: April 3, 1843, "O. S. Hall, Recorder." In volume 216 on page 48, Recorder's office, is a record showing the organization of the Presbyterian society, on November 11, 1839. William Vaughn is named as one of the elders.

A. J. McKean, who came to Linn county in 1839, helped lay out the town of Marion, was the first constable of Linn county, and the first assessor for the whole county, by appointment in 1840. He served as clerk of the courts from 1854 to 1872, and was one of Marion's most prominent citizens for over half a century. His brother, Thomas J. McKean, was the first mayor of the town of Marion which was incorporated in 1865. He was elected sheriff of the county in 1859, serving until the spring of 1861, when he resigned to enter the government army service, having already served in the Florida and Mexican wars, and November 21, 1861, was appointed brigadier-general, and after a brilliant service in the Civil war was honorably discharged in 1865, as brevet major general. On September 5, 1848, he was married to Sarah T. Gray, who still survives him, is a resident of Marion, and still bright and active at the age of ninety years.

One of the most prominent men in the early history of Marion, and we might add of the county, was Samuel W. Durham. A courtly gentleman of the old school, honored and respected by every one who knew him, he died at his home in Marion, May 2, 1909, at the ripe old age of ninety-two years. He was sheriff of Linn county from 1846-1848, county surveyor in 1841, serving one term, in 1851 serving one term, in 1871 serving two terms, and in 1889 serving two terms. He was also a member of the first constitutional convention of Iowa, which convened at Iowa City October 7, 1844.

[Illustration: JAMES E. BROMWELL, SR.]

George Greene, Marion's first lawyer, and who built one of its first three residences, was the first member of the General Assembly from Linn county. He also served in the council, now called the state senate, of the third legislative assembly of Iowa, which convened at Burlington November 2, 1840, representing Cedar, Jones, and Linn counties. He also served in the fourth assembly, which convened at Iowa City December 6, 1841.

The first court was held in Marion October 26, 1840, and the following record was made: "Minutes of the District Court of Iowa Territory, within and for the county of Linn:

"Iowa Territory } } Linn County }

"Pursuant to an act of the Legislature of the Territory of Iowa, approved July, 1840, the District Court of the United States, and also for the Territory of Iowa, met at Marion, in said county, on Monday the 26th day of October, 1840. Present: Hon. Joseph Williams, Judge of the Second Judicial District for the Territory; W. G. Woodward, Esq., District Attorney of the United States for the District of Iowa; R. P. Lowe, Esq., prosecuting attorney for Second Judicial District; Hosea W. Gray, Esq., Sheriff of County of Linn; Socrates H. Tryon, Clerk of the District Court; Lawrence Maloney, Marshall of the Territory."

The following are the lists of the early officers of Linn county, who were all residents of Marion:

Sheriffs--Hosea W. Gray, 1840; Ambrose Harlan, 1844; Samuel W. Durham, 1846; Ambrose Harlan, 1847; Vincent Beall, 1850; Samuel Brazleton, 1853; Levi H. Mason, 1855; Thomas J. McKean, 1860; William W. Smith, 1861; O. O. Stanchfield, 1862; Hiel Hale, 1866; John Hayzlett, 1868; G. D. Gillilan, 1874.

Clerks of District and Circuit Courts--John C. Berry (Com.'s Clerk), 1839; S. H. Tryon, 1840; John C. Berry, 1844; Porter W. Earl, 1847; Hosea W. Gray, 1849; James M. Berry, 1851; A. J. McKean, 1854; J. L. Crawford, 1873.

Treasurers and Recorders--Addison Daniels, 1841; O. S. Hall. 1844; John Zumbro, 1844; O. S. Hall, 1845; P. W. Earl, 1846; William M. Harris, 1846; Isaac Cook, 1851; N. M. Day, 1855; William Cook, 1860; James Johnston, 1864.

Recorders after the offices of treasurer and recorder were separated--John J. Daniels, 1865; Charles E. Putnam, 1873.

Treasurers after offices were separated--R. T. Wilson, 1866; S. T. Berry, 1874; R. M. Jackson, 1882.

Auditors of the County--A. B. Dumont, 1869; John P. Coulter, 1870; Samuel Daniels, 1876; Joseph Moorhead, 1882; James E. Bromwell, 1888.

The following is a list of the early State Senators: I. M. Preston, 1852; William G. Thompson, 1856; H. G. Angle, 1860; J. B. Young, 1864; Robert Smyth, 1868; E. B. Kephart, 1872.

The following is a list of the early judges of the Eighth Judicial District: Joseph Williams, 1840; Thomas S. Wilson, 1846; James B. Carleton, 1847; William Smyth, 1853; Isaac Cook, 1857; William E. Miller, 1859; Norman W. Isbell, 1862; C. H. Conklin, 1864; N. M. Hubbard, 1866; James H. Rothrock, 1867.

Ira G. Fairbanks was the first superintendent of county schools.

In the first constitutional convention which was held at Iowa City October 7, 1844, and whose work was rejected by the people at the polls August 4, 1845, Linn county was represented by Thomas J. McKean, Samuel W. Durham, and Luman M. Strong. At the second one, held at Iowa City May 4, 1846, and whose work was endorsed by a small majority at the election held August 3, 1846, Socrates H. Tryon represented Linn and Benton counties.

The first estate ministered upon in Linn county was that of James Travis, who died in December, 1839. James Doty was appointed administrator February 15, 1840. His bond was for $200. His bondsmen were Jacob Leabo and John Stambaugh. Israel Mitchell, who had been appointed by Governor Lucas, in 1839, was the judge of probate. It was this same Judge Mitchell who located the first town in Linn county, viz: that of Westport, near the present site of Bertram, and who was the orator of the day at the first Fourth of July celebration in Linn county, held at Westport in 1839.

The second estate appearing of record was that of William Marion, who died July 4, 1840, and of which William Abbe was appointed administrator in 1841.

The third was the estate of Martin Martindale, who died in February of 1841, and of whose estate William Garrison was appointed administrator.

The following is the record of the first coffin made in Linn county: "Be it remembered that on the 21st day of June, A. D. 1841, James E. Bromwell filed his account in the Court of Probate against the estate of Martin Martindale, deceased, in the words and figures, to wit:

"To J. E. Bromwell, Dr. "To one white walnut coffin, $12.00"

Marion was the home for years of three Mexican war veterans, who were also veterans of the Civil war, viz: Thomas J. McKean, G. A. Gray, both deceased, and Samuel B. Thompson, now past ninety years of age and living with his daughter, Mrs. Nellie Schimmerhorn, of Kansas City.

Marion was incorporated in 1865. Its first mayor was General Thomas J. McKean. The other officers were: recorder, G. A. Gray; trustees, D. H. McDanel, who died in Chicago and whose widow is now living in Cedar Rapids; S. W. Rathbun, still living in Marion and editor and proprietor of the Marion _Register_, which was established as the _Prairie Star_ in 1852 by A. Hoyt; G. F. Woods, who died in Marion some years ago; O. C. Wyman, now a merchant prince of Minneapolis; and Dr. N. W. Owen, who died in 1880.

The Marion fire department was organized in 1874 and consisted of the Phoenix engine company and the J. C. Davis hook and ladder company. D. P. Thurber was elected the first foreman of the Phoenix company, and A. J. Keyes of the hook and ladder company. The first engine house was the old Baptist church which stood on the site of the present C., M. & St. P. depot. Such was the beginning of the later noted Marion Volunteer Fire Department, with its matchless Mentzer Hose Company, which as a drill corps, under the captaincy of James E. Bromwell, for twenty years, in the state of Iowa and elsewhere, challenged all military and civic companies, and met all challengers in competitive contests, winning over fifty first prizes, cups, and purses, acting as special escort to Governor Cummins at the St. Louis Exposition in 1904, and winning over all contestants at the National Firemen's Tournament of the Trans-Mississippi Exposition, held at Omaha in 1898, and retiring without a single defeat as a drill corps after its first three years, although as a fire company it is still active and efficient and the possessor of a beautiful home of its own on Seventh avenue in Marion, the lower story being used as a hose house and armory, and the upper story for reception and club rooms.

In 1864 the Dubuque and Southwestern Railroad, running from Farley to Cedar Rapids, was built into Marion, and in 1872 the Sabula, Ackley & Dakota Railroad--now the C., M. &. St. P.--connected Marion with Chicago. Here it terminated until it was extended west to Council Bluffs in 1880, and south to Kansas City in 1882.

Marion was especially favored in its early history, as it is today, by competent and popular physicians. Of these there were three, probably best known, who are worthy of mention, viz: Drs. Thos. S. Bardwell, Henry M. Ristine, and N. W. Owen. Dr. Thomas S. Bardwell came to Marion with his father, Dr. Leonard Bardwell, in 1841. He studied medicine with his father, and after attending lectures in St. Louis began practice in Marion in 1850. He was a natural doctor, bringing into his practice not only a knowledge of medicine but that intuition and instinctive comprehension of the law of cause and effect as applied to the human system which mark the genius in materia medica and surgery. He was a great hearted man, kind, generous, charitable, a devoted son and brother, a loyal friend and citizen. He died in Marion in 1895.

Henry M. Ristine came to Marion in 1842. He, too, was a master in the ministry of relief to human suffering. His genial presence and cheerful and encouraging words added much to the magic of his medicine. His friends were legion. He was welcomed to the homes where he was called as a physician as a beloved brother, and was always a comfort and a blessing in the sick room. In the early days and to the second generation his name was a household word throughout Linn county. He moved to Cedar Rapids in 1875, where, crowned with success and honors in his chosen calling, he died in 1897.

Norman W. Owen came to Marion in 1856. He continued the study of medicine, which he had begun in the east, under Dr. Henry M. Ristine, and graduated from Rush Medical College in 1862. He at once entered into a partnership with Dr. Ristine, and during his absence in the Civil war, he drove almost night and day, attending the large practice which he was left alone to care for. He was a most skilful and successful physician. He united with a wide knowledge of diseases and their remedies, the tenderness and skill of the trained nurse. An earnest student, of analytical yet comprehensive mind, he became a pioneer in the discovery of new remedies for human ailments, and while he formulated and compounded many preparations now of common use, his greatest achievement was the discovery and composition of Owen and Chamberlain's--now Chamberlain's--Colic, Cholera, and Diarrhoea Remedy, a world-wide panacea, of which Dr. Owen was the sole and undisputed originator. This alone places him among the "immortals" in the realm of medicine. He died in Marion in 1880.

Among the early great financiers of Marion--and we might say of Iowa and the west--was Redmond D. Stephens. He came to Marion in 1855. He was a lawyer, teacher, and scholar, as well as a banker. He obtained the third charter ever issued for a national bank in Iowa, and instituted the First National Bank of Marion in 1863. He was one of the county supervisors in 1867, and was elected to the state legislature in 1879. He organized the Merchants National Bank of Cedar Rapids in 1881, of which, as well as of the First National Bank of Marion, he was president when he died in Cedar Rapids in 1883, where he then resided. His rare acumen, keen perception, unerring judgment, and almost prophetic endowment, mastered every business enterprise he undertook and won for him the merited distinction with which success ever crowns the union of genius and studiousness, of being enthroned, honored, and acknowledged as king in the chosen realm of his life work.

No early history of Marion would be complete without mention of that brilliant coterie which illumined Linn county's seat of justice and as pillars and ornaments of the law established and adorned the now famous bar of Linn county. Nothing in later years has compared with the gladiatorial contests of the early years when true forensic oratory, keenest wit, and brilliant satire made forever famous the legal arena within the old court house at Marion. What memories and achievements cluster about the names of Corbett, Hubbard, Preston, Isbell, Thompson, Young and Smyth.

Nathaniel M. Hubbard, the greatest legal general of his time, who served one year as judge of the eighth district in 1865, was keen, alert, tactful, resourceful, and tireless. He won marked distinction in his profession, and died in Cedar Rapids a few years ago, as chief counsel for the Chicago & Northwestern Railway.

Norman W. Isbell, student, scholar, interpreter of the law, judge of the eighth district in 1862, died in the prime of life, a great mind in a frail body.

J. B. Young, brilliant, scholarly, eloquent, came to Marion in 1853; was elected prosecuting attorney for Linn county in 1854. He served in the state legislature in 1861, in the state senate in 1863, and was re-elected in 1866. He was army paymaster, with the rank of major, during the Civil war, elector-at-large in 1868, and United States pension agent in 1869. Impetuous, fiery, generous, of marked aptness and ability, he honored and adorned his chosen profession.

William Smyth came to Iowa in 1843 and to Marion in 1846--the year he was admitted to the bar. He was elected prosecuting attorney for the county in 1847, appointed judge of the fourth district in 1853, elected in 1854, and re-elected in 1856, but resigned in 1857, and with his brother, Robert Smyth, and A. J. Twogood established the first bank in Linn county, later known as the Twogood and Elliott bank of Marion. In 1858 he was chairman of the committee of three to revise and codify the laws of the state of Iowa, and the criminal code of 1860 is largely his work. In 1862 he was commissioned colonel of the Thirty-first Iowa Volunteer Infantry, serving until 1864. He then formed a law partnership with J. B. Young, and was actively engaged in the practice until 1868, when he was elected to congress. He was renominated in 1870, but on September 30, 1870, before the election, died at his beautiful suburban home adjoining the city of Marion, now owned by the Sisters of Mercy, and known as St. Joseph's Academy. A man of sound judgment, a lawyer of merit, a judge of ability, a statesman of fidelity and purity, he yet stood pre-eminently before all as a man of integrity, honor, and character, the true and highest type of the Christian gentleman.

I shall now mention as the last, the two greatest lawyers of the early days of Marion, judging from their practice, marked success, and general recognition, viz: Isaac M. Preston, and William G. Thompson.

Isaac M. Preston came to Marion in 1842. He was elected probate judge of Linn county in 1842, appointed district attorney for the eighteenth judicial district of Iowa in 1845, again elected probate judge in 1847, the same year was appointed United States district attorney for Iowa by President Polk, was elected to the state legislature in 1848, and elected the first state senator in 1852 for Linn, Benton, and Tama counties. He moved to Cedar Rapids in 1878, where he died in 1880. He was possessed of a strong mind, his reasoning was logical, and his analysis keen. He aspired to greatness in his profession above all else. He was pronounced by competent judges the greatest criminal lawyer of Iowa in his day. Rugged, determined, persistent, tireless, profound, thoroughly versed in the common law, of broad conception, a close student and able judge of human nature, deliberate, careful, prudent; in speech plain, masterful, convincing; he having reached a conclusion in law or taken a position legally or morally, was seldom if ever compelled to compromise or retreat.

[Illustration: T. M. SINCLAIR]

[Illustration: J. O. STEWART]

William G. Thompson came to Marion in 1853 and first began the practice of law with I. M. Preston. He was prosecuting attorney in 1854, editor of the Marion _Register_ (which he bought to insure a republican paper for Linn county) in 1855 and 1856, state senator in 1856 and 1858, major of the Twentieth Iowa Volunteer Infantry, serving until 1864, elector-at-large on the republican ticket in 1864, district attorney of the eighth judicial district from 1867 to 1874, chief justice of Idaho in 1878, elected to congress in 1879, and refused to accept a renomination. In 1884, to save the republican legislative ticket, he was nominated for the state legislature and elected. He was appointed judge of the eighteenth district in 1894, and was elected in the fall of the same year, re-elected in 1898 and 1902. He is now living in retirement with his son. J. M. Thompson, at his beautiful home, "The Elms," on the boulevard between Marion and Cedar Rapids. Major Thompson was naturally possessed of the elements of true greatness, viz: simplicity, sympathy, generosity, and charity. While he was in truth the "poor man's friend," he was more truly everybody's friend. His was a brilliant mind, a tender heart, an eloquent yet poignant tongue. Of quick intuition, forceful expression, and impassioned oratory, he carried juries with the force of the mountain torrent. His great tender heart was the repository of anybody's troubles or sorrows or legal difficulties "without money and without price," if needs be. As a lawyer he was comprehensive, ingenious, and aggressive. As a judge, merciful, conscientious, and just. The equitable appealed to him in every branch of the law. No truer friend, no more loyal partisan, no more zealous advocate, ever stood rock bound, unchangeable, and immovable as William G. Thompson always stood without malice or offense. Devoted to his home, his wife, and only son, cheerful, sunny, optimistic, unerring in his measurement of men and motives, charitable and forgiving beyond belief, honored and honorable, commonplace and companionable, always kind and considerate and helpful, great hearted, of noble soul, and of almost divine compassion, Judge William G. Thompson has already erected his monument of Christlike deeds, and his sepulchre will be the inner shrines of the hearts of all who knew him.

The character of the early settlers of Marion was of the highest type. Little wonder, then, that it has grown into a city of schools and churches, that its moral atmosphere has been fairly free from the fetid breath of vice and crime, and that its intellectual, spiritual, and social ideals have been largely realized in its system of schools, number and quality of its churches and church membership, and its unexcelled fraternal organizations, literary and musical clubs, and societies. Of ideal location, modern and progressive, its water supply direct from the noted Bowman springs, clean and wholesome, its people contented and prosperous, never destined, under the shadow of Cedar Rapids, to be a great city, but unique, beautiful, the county seat of the great county of Linn, undoubtedly the prize winning slogan of Cedar Rapids, with Marion substituted, would be acceptable to every resident: "Marion suits me."

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