History of Butler and Bremer counties, Iowa, Part 42

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316

USA > Iowa > Butler County > History of Butler and Bremer counties, Iowa > Part 42
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > Part 42

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

In the fall of 1865, A. J. Thompkins was elected judge, and served for one term. He was a man of bitter prejudices, crotch- ety, and quick tempered, although he made a fair judge, and was well liked. He is now in Arkansas.

The records of this court are lost. They were at the house of Judge Durand, at Bristow, where he had taken them for the purpose of making out his reports, and during his absence the house took fire and before any one could reach it, the books and papers were all destroyed.

CIRCUIT COURT.

On the first Monday in January, 1869, the circuit court was established and took control of the probate business, while the marriage license issuance was left with the clerk of court. The county judge was dis- pensed with, and made county auditor.

The circuit court district is what is knowu as the Twelfth Judicial district, the same as district court, and embraces

HISTORY OF BUTLER COUNTY.

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the counties of Butler, Bremer, Mitchell, Worth, Cerro Gordo and Hancock.

The first circuit judge was George W. Ruddick, now judge of the district court for this district. He was elected in 1868, commencing official work in January, 1869, and held until after the spring term in

1871, when he received the appointment to his present position. A sketch of him will be found in connection with the article on district court. He was succeeded to the bench of circuit court by Judge Robert Reiniger, a native of Ohio, who still acts in that capacity.

CHAPTER XI.

THE BAR OF BUTLER COUNTY.

There is no class or profession which has more influence in social and political matters than the bar. Even the press, which wields a mighty power among the masses, does not surpass it, as matters treated by them are generally local and varying. The pulpit, a great worker of good, is more devoted to the moral and spiritual welfare of man. But the profes- sion of law embraces all under one grand aim. Upon the few principles of natural justice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The grand object of law is equal justice to all, not technicality; although the latter must be strictly adhered to, to preserve the supremacy of law. The laws are formed as exigencies arise demanding them, by the representatives of the people. Change is necessary. The wants of the people of to-day, and the lawful restraints to be

thrown around us of the present age, dif- fer from those of past years. They are either too lenient or too severe-in one case to be strengthened, in the other mod- ified. The business of the lawyer does not call upon him to form laws, but it lies with him to interpret them, and to make their application to the daily wants of men. Every matter of importance, every ques- tion of weight, among all classes and grades, come before him in one form or another, for discussion. Hence, the law- yer is a man of to-day-posted upon all matters pertaining to the age in which he lives. His capital is his ability and indi- viduality, and he cannot bequeath them to his successors. They die with him, or live in the memory of his sayings and deeds.

In early days business was not so great in extent as to occupy the full time of the lawyer. Suits were not so numerous or remunerative as to afford him a comfort-

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able living for himself and family, and often other occupations must be taken in connection to swell the slender income. As a rule the lawyer became a politician, and more of the prominent lawyers of those days went to Congress and the State Legislature than at present. The people demanded their services, and they were glad to accommodate the people. To- day the profession stands at the head, almost, of all others, and the good lawyer must always be prominent, as he is one of the forces which move, control and protect society.

There have been, and still are, able and prominent men practicing before the courts in Butler county-men who were an honor to the profession, and to society and the county. Among those who have loca- ted in the county for the practice of law, are the names of M. M. Trumbull, J. R Fletcher, C. A. Bannon, John Palmer, Orson Rice, George A. Richmond, W. R. Jamison, J. W. Davis, Zur Graves, L. A. Orvis, Alonzo Converse, C. A. L. Roszell, W. A. Lathrop, C. M. Failing, J. W. Gilger, John Jamison, D. J. Marts, Soesbe Brothers, C. M. Greene, W. M. Foote, F. D. Jackson, William Norval, R. D. Prescott, Col. Woods, Mr. Burnell, J. H. Boomer, D. W. Mason, George M. Craig, N. T. Johnson, O. B. Courtright, Mr. Ellsworth, A. I. Smith, George A. Mc- Intyre, O. H. Scott, John Bremer, Sawyer Haswell, W. H. Burdick, M. J. Downey, E. E. Savage, B. L. Richards and W. S. Montgomery.

There is much more uncertainty, and a great deal more trouble, than would be imagined, connected with obtaining facts and material for a memoir of those who

have been so intimately associated with public matters in practicing before the courts at an early day, but as much is given as could be obtained.

THE FIRST LAWYER.

The first lawyer to locate in Butler county for the purpose of practicing at the profession, was Matthew M. Trumbull. He was a native of England, and came to Iowa in 1852, settling in Linn county, where he pursued his study of law, which he had begun, and was admitted to the bar. In 1854 he came to Butler county and located at Clarksville, and commenced practice. He remained here until the war broke out, when in 1861, he enlisted and went into service as Captain of Company I of the 3d Iowa Infantry. Soon afterward he was promoted to Colonel of the 9th Cavalry. When the war closed he was honorably discharged, and the title of Brigadier- General of Volunteers was conferred upon him for deserving conduct, as he was brave as a lion, and did noble service for his country . Upon his return he settled at Waterloo, Iowa, and there resumed the practice of law. Within a few years he removed to Dubuque, where he was Col- lector of Internal Revenue for a number of ycars. Resigning this position he removed to Chicago, where he is yet prac- ticing law,

General Trumbull, when he first came to Butler county, was a man of more than ordinary ability, and had besides a good general education a thorough knowledge of law. He was a kind, generous-hearted man, of good impulses and a great deal of integrity. To illustrate this we will relate an occurrence by which the General had

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HISTORY OF BUTLER COUNTY.

the joke, by accident, turned upon him- self:

One time late in the fifties the General had occasion to try a suit before one of the justices of the peace. In those days the justices, or as they were termed, the "squires," were rather illiterate, as a rule not knowing any more of law than they did of geology, and this one was no excep- tion to the rule; but they almost invari- ably, if not befogged by counsel, made rulings based on common sense, law and the statutes to the contrary notwithstand- ing. Upon the case in question the oppos- ing counsel was Orson Rice, who receives due attention further on. Mr. Rice was in a sort of contrary mood this morning, and kept making objections to testimony, finding something wrong with proceed- ings, taking exceptions to the rulings and interrupting his honor and everyone else. After a time the General called the attell- tion of the court to the interruptions of proceedings. Finally his honor straight- ened up, raised his fist, and bringing it down with a thump on the table exclaimed, pompously: "Mr. Rice, you sit down!" Mr. Rice paid no attention, but kept right on talking regardless of anyone. The General saw that the 'squire was getting excited, so he said to him: "I wouldn't stand it; I'd make him keep quiet." Rice paid no attention. This was too much for his honor, who, with blood in his eye and shaking his finger at Rice sinisterly, hissed: "Mr. Rice! You sit down, or I'll put a quietus on you!" "Ycs," interposed Trumbull, with a twinkle in his eye, "that's just what he wants-a quietus writ will put a stop to it." Ricc soon again interrupted; and the justice, now fairly en-

raged, ordered: "Mr. Trumbull, you make out that writ of quietus at once! We'll see who's bossin' this court." The story lcaked out, and the General many times was called upon to answer a joking query as to the writ of quietus.

General Trumbull had no difficulty in making friends, and when once made they were fast and sincere. George Poisal and Mr. Trumbull were intimate friends, and often had law business to transact. One day in April, 1857, George came into Trumbull's office, and in the course of con- versation, remarked, that he had just re- ceived a new litter of pigs. "Well," says the General, "that's just what I want. You had better give me one of them!" "All right;" answers George; you shall have one." The matter ran along for some months, and nothing was said about it. Finally, one day in November, George again chanced to be in the General's office, and stated that he had just killed a lot of fatted hogs. "By the way," remarked Trumbull, "I just happen to think of it. How is that hog you gave me, doing?" "That hog?" exclaimed Poisal, "that is the very litter I've been killing. You never called for it!" "Well," Trumbull answers, "I thought the matter over, and decided to let you fat it on shares." A general laugh was indulged in, and the following morning a fine dressed porker was sent to the General's house.

General M. M. Trumbull was elected to the lower house of the State Legislature in 1858, and was the first member elected from Butler county.

The fall of 1859 is noted by the arrival in Butler county of the lawyers, J. R.

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HISTORY OF BUTLER COUNTY.

Fletcher and C. A. Bannon, who com- menced practice in partnership.

J. R. Fletcher was a native of Pennsyl- vania, and was educated and admitted to the bar as a lawyer, at Bedford, in that State. He was a young man when he came to Iowa, and his good education made a brilliant future possible. But he liked his ease considerably, and after a few years of limited practice, he began devoting part of his attention to stock. In early days he was a candidate for various county offices, and served one term as county judge. In 1881 he got an appointment to a clerkship in the Pension Bureau, at Washington, and is still retained in that capacity. He is now a man of about fifty years of age.

Charles A. Bannon was of Irish descent, and was possessed of all the ready wit so natural to the descendants of the Emerald Isle. He, also, was brought up and edu- cated in Pennsylvania, and was admitted to practice law at Bedford, in that State. He came to Iowa at the same time . Mr. Fletcher did, and they practiced law in partnership, living in Clarksville, until the time of Mr. Bannon's decease, in 1865. Mr. Bannon was a man of good education in law, an excellent orator, and promised to become an ornament to the profession. He was a single man, of about 32 years of age; very genial-hearted, capable of adapting himself to any society, very popular, loved humor, and was a man of great integrity. When the war broke out he left his profession and went as first lieutenant in company G, of the Thirty- second Infantry, of which C. A. L. Roszell was captain, serving through the war, and returning to Clarksville, broken down in

health. Brain fever set in, and he was finally called from earthly labor, leaving many true and warm friends and associates to mourn his loss.

The above named lawyers were the only ones in the county until 1857. The first term of court was held this year in October, at Clarksville, and at this term, on the fifth day of the month, John Palmer, Orson Rice and G. A. Richardson were admitted to the bar.

John Palmer was a native of Ohio, com- ing to Iowa in 1849 or 1850, and locating in Linn county. He was the first judge of the county, and an able lawyer. He is noticed at length in connection with the county and circuit courts.

Orson Rice was a native of Ohio, com- ing to this State from Illinois, arriving in Butler county in 1854, and taking a claim. He was a man of about 28 years of age, and had a family. He was very illiterate and knew nothing at all of law when he commenced practice; but he was energetic, independent, and entirely reck- less as to the language he used. He would murder the English language and grammar in a way that often made him the laughing stock. He remained in the county, practicing law, until 1864 or 1865, when he removed to Spirit Lake, and is still at his profession, having served one term as district attorney, and came very near the Circuit Judgeship.

Many laughable and pithy anecdotes are told of Rice, which illustrate the difficul- ties, in the way of insufficient education, against which he had to battle in his early practice. Several of these will be presented.

On one occasion Mr. Rice had a case before justice of the peace, J. M. Vincent,

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HISTORY OF BUTLER COUNTY.

with General M. M. Trumbull as opposing counsel. The "Squire" was as illiterate as was Mr. Rice, and in drawing up the notice made a serious mistake. It was a case in which some one claimed $22, and some one else refused to pay. The names of parties have been forgotten, but they are immaterial. The "Squire" in drawing up the notice made the amount read "twenty-too dollers." Rice was quick to see a point, but did not have knowledge to push it. When the case was called, Orson Rice, attorney for defendant, moved to "squash, as there was no specific amount or sum stated." The justice said: "Don't be a fool, Rice, and show how blamed ignorant you are." Rice, however, insisted upon "squashing" the case, and remarked that "everyone knows that there is no sense to "'twenty-too-a child knows it, Now, if it had read 'twenty-t-o dollars,' it would have had some weight. But as it is it must be 'squashed.'" The justice stuck to "too," and said he knew it was right, while Rice as vehemently stuck to "to." Finally they agreed to let outside parties. who were authority on spelling, decide which of the two were right. How it was decided has not been told, but members of the bar tell the story of the squabble over the little word "two" with great relish.

John E. Burk, who was at one time prosecuting attorney for this judicial district, and is now a prominent attorney in Chicago, tells a laughable story on Rice. It seems that Rice at one time had a case before the district court at the time Judge Elias H. Williams was on the bench. Rice squabbled considerably, and had made an appeal for a continuance of the suit.

In filing his motion with Judge Williams for continuance, he made several mistakes, and had amended his motion three times. The third time he handed it up to the Judge, looked at him, and shook his head solemnly. Rice gave up, and leaning back in his chair, shaking his head in a way peculiar to him, exclaimed: "My client is a conshiensh man; I am a conshiensh man. Now if the court will suggest what we should put into that motion, we'll both swear to it." The judge did not suggest, but a general laugh ensued.

Rice was a very pugnacious fellow, and when once excited would threaten to thrash the attorneys, clients and the court himself. At one time Rice was pleading a case before 'Squire Margretz, at Butler Center, in which George A. Richmond was the opposing counsel. The two law- yers got into a wordy dispute over some point, and one called the other a liar. Rice leaped to his feet, pulled off his coat and was going to "walk right through" Richmond. The 'squire yelled at the top of his voice: "Order in this court!" Not coming to order, his honor got right in the midst of it and stood between the two. Rice doubled up his fist and made a lunge for the 'squire, who, stepping back aghast, exclaimed in his broken English: "By ! Rice, vas you going do schtruck dis court? Ve can't tolerate such conduct like dose. By shiminey! You can both gonsider yourselves in shail for thirty days." This brought order, and we sup- pose they considered themselves jailed for thirty days.

George A. Richmond, who is also men- tioned as being admitted to practice law during the first term of court, was a native

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HISTORY OF BUTLER COUNTY.

of Pennsylvania, having been raised in the city of Philadelphia. When he came to Butler county, in 1854, and located in Butler Center, he was about thirty years of age-tall, straight, with easy carriage, he made an imposing and fine appearance. He had a good education and was popular. His knowledge of law was all picked up after his arrival in Butler county, as he was engaged in land speculation. He never had much practice at law, and in 1859 he removed to Dubuque, where he enlisted in the army, and for bravery and good service was made colonel of some Pennsylvania regiment. He was a brave soldier and a gallant officer. When the war closed, or shortly afterward, he re- turned to his native State.

During the first term of district court in Butler county, in September, 1857, W. R. Jamison was admitted to the bar, and was for many years after prominent among the legal representatives of the county. W. R. Jamison was born in Chester county, Pennsylvania, January 12, 1816, and raised from infancy to manhood in Lancaster county, Pennsylvania, being the only son of a family of three; brought up on the farm, laboring faithfully for his father until he arrived at the age of twenty-one, having received only a very limited com- mon-school education. The public school system of Pennsylvania had not gone into effect until after he attained his majority. Being of an inquiring turn of mind and reading all books and papers to which he had access, he early acquired a consider- able knowledge of men and matters gen-

1 erally. On becoming of age he wended his way about four hundred miles west, traveling on foot and stopping in Ohio.

On reaching his destination he went to work as a farm-laborer, about the first of June, 1837, and about the second day of November of the same year married a lady born and raised in the Buckeye State. He remained a resident of Ohio until 1851, when he with his family removed to near Quasqueton, Buchanan county, Iowa, where he remained until about the first of September, 1853, when he with his family removed to Butler county, Iowa, on the place where he now resides.

During his stay in Ohio he was engaged in various pursuits in order to make a live- lihood for himself and family, and in the meantime seeking such informa- tion and knowledge of matters and things in general as an inquiring mind will naturally make, and more especially in matters relating to the statutes and laws of : the State and the judicial proceedings of the courts of justice. On stopping in Iowa, in November, 1851, he rented a farm, and during the next winter entered three hundred and twenty acres of land. During his stay he made some improve- ments on the land, at the same time not forgetting to thoroughly acquaint himself with the code and statutes of Iowa and the manner of enforcing them in the courts, together with the general principles of law.

On selling out his land in Buchanan , county he removed, about the first of September, 1853, to Butler county, Iowa, where, on the eleventh day of August, 1853, he had entered three hundred and twenty acres of land on sections 19 and 20, in township 92, range 18, which now con- stitutes Pittsford township, Butler county. From 1853 up until 1857 he was princi- -

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HISTORY OF BUTLER COUNTY.

pally engaged in making and improv- ing his farm, at the same time mak- ing such progress in the study of mat- ters relating to law as the circumstances seemed to invite and permit. In Septem- ber, 1857, the first term of the district court in and for Butler county was held by Judge John D. Thompson, at Clarks- ville, when, after the admission to the bar of several gentlemen as practic- ing attorneys during that term of court, Mr. Jamison, through the persuasion of several attorneys and friends, though re- luctantly on his part, consented that an application might be made to the court to appoint a committee of members of the bar to examine Mr. Jamison as to his quali- fications to practice law and as to his ad- mission to the bar. Said motion was pre- sented to the court by Messrs. Fletcher and Bannon, whereupon Judge Thompson announced Attorneys James R. Fletcher, James W. Woods and W. F. Newton as such committee. After having discharged their duties as such committee the appli- cation was favorably reported, whereupon the court made an order admitting him to practice as an attorney in all district courts in the State from and after that date. From his admission as an attorney Mr. Jamison has practiced in Butler and some of the adjoining counties, with more or less success, generally having a fair share of the business of the courts to look after, until quite recently, when, de- siring to turn his attention more especially to his farming matters, he has persistently refused to do further business as an attor- ney, and at present declines to engage in any case as an attorney. Mr. Jamison has, during all his residence in Iowa, been

principally engaged in farming and im- proving his farms, and has now over a scc- tion of land, mostly in Pittsford township, all improved and under fence, the tillable land being all broken and under cultiva- tion, and is now devoting his time to his duties as a farmer, which requires his whole time and attention.

William Stoughton was one of the lawyers who were admitted to practice in 1859. He left during the war. Stoughton had a very good practice, and was a first rate lawyer; but was too jovial.

D. W. Mason was admitted about the same time. He was a native of New York,

came to Butler county young, with his pa-

rents, who settled near Butler Center. IIe was engaged in mercantile and real estate business at Butler Center, and from there removed to Shell Rock, where he lived at the time of his admission to the bar. He was the first superintendent of schools of Butler county, having a good general edn- cation, but did not make a success of the profession of law. He went to the war, and on his return removed to Missouri, where he has since served a term as judge.

Captain C. A. L. Roszell is one of the most able attorneys in Butler county. He is among the oldest practicing representa- tives of the legal profession in the county, having located at Clarksville many years ago. He has a very extensive practice, and is recognized at home and abroad as a lawyer of much reading and ability. He is politically a democrat, has represented this district in the General Assembly of Iowa, and has been on the democratic ticket a candidate for Congress and other important offices.

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HISTORY OF BUTLER COUNTY.

The first lawyer to locate at Greene was C. M. Failing, Esq., who had formerly lived in Jones county, and commenced practice in Greene in 1872. He only re- mained a few years when he returned to Jones county. He is now in the southern part of the State, engaged in publishing a newspaper.

J. W. Gilger located at Greene early in the seventies. He was a native of New York State, and was admitted to the bar here, 'in Butler county. He had a fair practice, and was a good lawyer. In 1880 he removed to Hampton, where he is yet in practice.

D. J. Marts, of Pennsylvania, a man of good general education, but not very well read in law, was admitted to the bar and commenced practice in Greene late in the seventies, but did not continue long. He had been living upon a farm near Greene, and had taught school considerable prior to his admission. He is now in Nebraska. John Jamison, son of W. R. Jamison, Esq., of Dumont, was another attorney, who located in Greene, remaining here with a very fair practice for about one year, from 1876 to 1877. John Jamison was a native of Ohio, where he was born in 1845, com- ing to Iowa early in the fifties with his father. He was admitted to the bar at Butler Center, and after practicing at Greene as above stated, he went to Shell Rock, and from there to Belmond, Iowa, where he still follows his profession. He is a very well read lawyer, and good speaker.

William M. Foote, attorney and justice of the peace, also present county coroner, of Butler county, was born in Shelby county, Olio, in 1822; studied law in

Dart county; was admitted to the bar in 1858, at Greeneville, where he re- sided 'till 1864, when he removed to Clayton county, Iowa; where he was engaged in farming, and also occa- sionally engaged in attending to a law case. He went to Marble Rock, Floyd county, in 1870; came to Greene the fol- lowing year. He has done something at the practice of law since he came here, but was elected a justice of the peace in 1872, and lias held that office constantly since, the duties of which require most of his time. He was elected coroner in the fall of 1881. Mr. Foote has been twice mar- ried; his first wife was Miss Rhoda Swisher, born in Ohio, and died in Clayton county, May 13, 1870. His present wife was Miss Sarah A. Moore, born in Carroll county, Indiana. Mr. Foote had twelve children by his first wife, seven of whom are living. Has two children by second wife.

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History of Butler and Bremer counties, Iowa, Part 42

Author: Union publishing company, Springfield, Ill Publication date: 1883 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1316

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316