Representative Josiah Given View All Years

JOSIAH GIVEN was born at Murrysville, Westmoreland county, Pa., August 31, 1828; he died in Des Moines, Iowa, February 3, 1908. His parents were John and Jane Clendenning Given, and they were born in Ireland. In the spring of 1838 the family moved to Holmes county, Ohio. In 1847 Judge Given enlisted as a soldier in the Mexican war, becoming a member of Co. G, 4th Ohio Infantry, and before the close of that conflict he was made a corporal. At the conclusion of that war, he returned to Ohio, and became a student of the law, in the office of his elder brother, Judge William Given, and his partner, J. R. Barcroft, at Millersburg, Ohio. After two years of reading he was admitted to the bar in Stark county, Ohio, on motion of Edwin M. Stanton. The next year he was elected prosecuting attorney of Holmes county, serving in that capacity two terms. In 1856 he removed to and opened a law office in Coshocton, and very soon secured a satisfactory practice. While attending court in that county news came of the firing on Fort Sumter, and without finishing the case then on trial in which he was engaged, he left the court room and did not return until the end of the Civil War. He immediately raised a company known as “K” 24th Ohio Volunteer Infantry, and was commissioned its captain. The summer of 1861 was spent with his company in the mountains of West Virginia. In the fall of that year, he was transferred and promoted to Lieutenant-Colonel of the 18th Ohio Volunteers. While serving in that capacity he was severely wounded at the battle of Stone River; and by reason of conspicuous bravery was made Colonel of the 74th Ohio Infantry, his commission issuing in the year 1863. He participated in twenty-two battles, during the Civil War, for a part of the time commanded the third brigade, third division of the 14th army corps, and retired with the rank of Brigadier-General. After the fall of Atlanta, he resigned on account of rheumatism contracted in the service. He was the first to offer his services to Governor Shaw at the breaking out of the late war with Spain; but on account of extreme age his enlistment was not accepted. He was the first Commander of Crocker Post, and the Commander of the Iowa Department G. A. R. in the year 1886. Few men have such an army record as had Judge Given; and he was never happier than when attending Grand Army meetings or Old Soldiers’ reunions. His affection and love for “his boys” was extremely touching. At the close of the war he was almost immediately elected postmaster of the House of Representatives, of the 39th Congress, largely through the instrumentality of James A. Garfield, then a member of the House. Shortly after that he came to Des Moines, where he formed a partnership with his old law preceptor Judge J. R. Barcroft. Here his eminent fitness for official duties was soon recognized, and in 1871 he was elected District Attorney of the District of which Polk county was a part; and in 1876 was elected to the State legislature from Polk county, serving on the committees of Judiciary, Appropriations, Compensation of Public Officers, Cities and Towns, and Judicial Districts. Before election to the District Attorneyship he was appointed by General, then President, Grant, Deputy Revenue Commissioner, resigning that position when elected to the attorneyship. In 1880 he was elected Circuit Judge of the Polk District, and upon the abolishment of that office was elected District Judge of the same District in the year 1886, and served in that capacity until appointed to the Supreme Bench by Governor Larrabee, in February 1889, to fill the vacancy occasioned by the resignation of Judge Reed. He was twice elected a Supreme Judge and thrice served as Chief Justice, assuming that position upon his appointment by the Governor. Upon his retirement from the Supreme Bench he was appointed by Governor Cummins to fill a vacancy upon the District Bench of his county, caused by the death of Charles P. Holmes, serving the remaining year of his predecessor’s term. Judge Given was married at Millersburg, Ohio, October 6, 1851, to Elizabeth Armor. She died twelve years ago. The surviving children are Welker, Josiah Jr., William H. Given and Mrs. Joseph G. Gardner, all of Des Moines, and Frank and Thomas Given of Spokane, Wash. Few men have had greater personal popularity than Judge Given. He had that sweetness of disposition, that kindness of heart, and that sympathy for and thoughtfulness of others which endeared him to all. A quickness of comprehension, and an almost intuitional divination of the very right in every controversy made him an exceptionally strong trial judge; and when promoted to the Supreme Bench, he brought to it years of experience both at the bar and on the bench, making him a valuable member of that body. He never betrayed either a friend or a trust; and his ideals were of the highest. No one ever challenged either his character or his motives. Distinguished as a soldier, eminent as a jurist, and conspicuously honorable and just in his private life, Judge Given’s services both to the State and the Nation were of inestimable value. H. E. D