USA > Iowa > Des Moines County > History of Des Moines County, Iowa, Volume I > Part 47
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With the increase of knowledge, and that of the spirit of humanity there has been worked out, that which we have, which is the highest and best. That the members of the bar of Des Moines County have found the best as exemplified in
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DAVID RORER
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their lives ; a devotion to the ethics of their profession, to work for the establish- ment of justice, good government, and social order; we submit the names of the following persons :
Hon. David Rorer landed in Burlington, March 27, 1836; James W. Grimes, April 15, 1836; H. W. Starr, in June, 1837; M. D. Browning, April, 1837; W. W. Chapman in 1835; James Woods was among the early lawyers. Charles Mason came February 19, 1837; John C. Breckenridge of Kentucky came at an early date, was city solicitor for the year 1843. Soon after this he went back to Kentucky, and subsequently became identified with the Southern Confederacy as is well known. On Saturday evening, October 19, 1839, at a bar meeting, held at the office of William H. Starr, to make formal expression of the sense of the members of the bar on the occasion of the death of Hon. Isaac Van Allen, United States district attorney for Iowa Territory, there were present Hon. Judge Morgan, Grimes, Woods, Rorer, W. H. Starr, and William Henry Starr, and Browning, all members of Des Moines County bar; George W. Teas was one of the first lawyers who practiced in Des Moines County, but went to Mount Pleasant at an early date and from there to Albia. From 1839 to 1859 I cannot give, with accuracy, the names of all the attorneys. In 1859 there were in the practice in Burlington : David Rorer, E. Knowles, -- Bauman, J. L. Brown, M. D. Browning, Joshua Tracy, Henry W. Clune, W. F. Conrad, T. D. Crocker, P. Henry Smythe, Charles Ben Darwin, G. H. Darwin, J. E. Dow, George Fraze, J. C. IIall, C. B. Harrington, Benton J. Hall, John Lahee, Thomas W. Newman, H. C. Ohrt. V. M. Pendleton, L. H. Shepherd, D. Y. Overton, George Snyder, S. L. Spink, Sol E. Stout, Henry W. Starr, Charles Phelps, and George Robert- son.
George Robertson came in 1854: Charles H. Phelps May 20, 1850; Henry W. Starr, June, 1837 : D. Y. Overton, 1857; Thomas W. Newman, 1850; J. C. Hall, November, 1839: Benton J. Hall came with his father, J. C. Hall, grew up with the city, studied law and was admitted to the practice in 1857; C. B. Harrington came to Burlington in 1857; George Frazee in 1849; P. Henry Smythe in 1856; Joshua Tracy came to Burlington in 1850, studied law with Hon. M. D. Brown- ing, and was admitted to the practice in 1852. The above named might be called the first generation of lawyers of the Des Moines County bar, the last of whom departed this life was Hon. P. Henry Smith. We know of no one of them having brought disgrace on the profession or dishonored his calling.
What the world wants to know is, what kind of men were those pioneer law- yers? No man typified in his life more the traits of a learned lawyer and gentle- man than IIon. David Rorer. He was devoted to his professional work; was a great student of the law ; was an author of what is known as "Rorer on Judicial Sales." Was chairman of the committee selected by the convention to memo- rialize Congress for the organization of Iowa Territory. Was one of the founders of the Historical Society of Burlington, in 1843. Was a member of the Historical Society of Pennsylvania and Wisconsin; wrote the original act of incorporation of Burlington, which we have referred to in these pages. Was for many years an attorney for the B. & M. R. R. and C. B. & Q. R. R. companies. With abil- ity and great care he attended to whatever was entrusted to him. When the Civil war broke out he at once sunk partizanship into patriotism, and publicly espoused the cause of the Union. In the above list of the early attorneys we
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omitted the name of Frederick D. Mills, who took an active part in defeating the ratification of the Constitution of 1844, which mutilated the proposed borders of the state; afterwards assisted in raising a company of volunteers for the Mexican war, and was killed at the Battle of Cherubuco August 20, 1847.
Who was W. W. Chapman? The first we knew of Mr. Chapman is that he was appointed United States district attorney by William Morgan and George L. Hughes, justices of the District Court of Des Moines County, Michigan Terri- tory, on the 13th of April, 1835, and his first official act was to make a motion to fine a man by the name of Toopes for contempt of court in precipitating a fight while the court was in session empaneling the grand jury. This was the first session of that court held in the county. The next we hear from Mr. Chapman was his candidacy as a delegate for Congress from Iowa Territory at the election held in 1838. There were three aspirants for the honor of being the first to repre- sent the new territory in Congress, W. W. Chapman and David Rorer from Des Moines County ; P. H. Engle of Dubuque County, and B. F. Wallace of Henry County, all democrats except Wallace, who was a whig. Chapman was elected and made a creditable representative for the new territory. Among one of the first acts of Mr. Chapman was to successfully get through Congress a bill by which 500,000 acres of public land within the state was granted for school pur- poses. This bill became a law on the 4th of September, 1841.
Milton D. Browning was a native of Kentucky and possessed with the notions which necessarily come from the conditions under which he was raised. Was a whig in politics and advocated the principles of that party until its disruption, when he saw fit to cast his influence with the democrats. He was one of the best jury lawyers of his time. He knew men, their prejudices, likes and dis- likes. Was quick to see the crucial point in a case, and knew how to take advan- tage of any mistakes made by opposing counsel. He possessed large social qual- ities, was generous and willing at all times to assist any one in need. Was not the student of the law, as were some other members of the bar, but intuitively knew what the law ought to be, and thus reasoned that such was the law. As an advocate, he had few, if any, superiors. Represented Des Moines County in the House of the Third General Assembly, and in the state Senate of the First, Second, Fourth and Fifth General Assemblies. The Fifth General Assembly met in Iowa City, December 4, 1854. At this session neither the whigs or democrats had a majority in joint session so as to elect a United States sen- ator. The whigs and free soilers controlled the House ; the democrats the Senate. Hon. A. C. Dodge and Edward Johnstone were the democratic candidates for that office. Fitz Henry Warner of Des Moines County, James B. Howell of Lee, and James Harlan of llenry and Ebenezer Cook were the opposing can- didates, all of whom were whigs. After several attempts had been made to elect a senator the joint committee adjourned until the 21st of December, when sev- eral votes were taken. On the third ballot Harlan received forty-seven votes, A. C. Dodge forty-three and Cook seven. The democrats saw they were in the minority, and undertook to help elect a "near democrat," which was Cook. They were particularly after Harlan's scalp. On the fifth ballot Harlan received forty-four votes and Cook forty-four; eight scattering. No election. Then the joint session adjourned to the 5th of July to renew the contest. On the seventh ballot Harlan received forty-four votes, Cook twenty-seven and M. D. Browning
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nineteen. This was the critical time in Mr. Browning's political career. He had refused to follow Mr. Grimes and the great mass of the whig party in the stand Grimes took on the Kansas-Nebraska question.
Lacon D. Stockton, one of the members of the Des Moines County bar, was a man of great legal ability. He possessed a judicial mind and was well fitted to weigh the "pros and cons" of any legal proposition. The first we know of him is in the prosecution of Stephen and William Hodges for the murder of Miller and Lisey in June, 1845. He was well known as having all the qualities which constitute the highest type of a man. He had his office at the corner of Third and Washington streets. Was elected associate justice of the Supreme Court of Iowa, and entered upon the duties of that office May 17, 1855, and continued to serve the people in that capacity until June 9, 1860, when he de- parted this life. Hon. George G. Wright was appointed to fill the vacancy result- ing from Mr. Stockton's death.
Jonathan C. Hall. Mr. Hall was one of the great pioneer lawyers of the West. He lived and grew up on the frontier. His father was one of the first settlers in Western New York. In his address to the "Old Settlers' Celebration," June 2, 1858, he says: "In an almost unbroken wilderness I had my nativity. In early life I followed the pioneers to Ohio, and again to Iowa." This man of strong and rugged body had equally a strong and logical mind. His great legal abilities won for him the admiration of the members of his profession as well as that of the courts. He assisted in the defense of Stephen and William Hodge, who gave him and his assistant their note for $1,000 "the promise to pay" their fee, and it is supposed that promise is all they received. Mr. Hall had an extensive practice for those times, not only in Des Moines, but in adjoining counties. Was a democrat to the core, and did not have much use for whig policies. He represented the people of Des Moines County in the House of the Eighth General Assembly of the state. Was a delegate from the county to the third constitutional convention. Was associate justice of the Supreme Court of the state from 1854 to 1856. He was appointed to fill the vacancy on the Supreme bench caused by the resignation of Judge Kinney; was a member of the board of directors of the Burlington & Missouri River Railroad Company for a time, and devoted his energies to the building of that road. The name of the first locomotive on this road was called "J. C. Hall."
H. W. Starr. There were two Starrs in Burlington having the same initials to their names. One was known and called by the people "Mr. Starr," the other "Cock-Eye Starr." Cock-Eye is the one of whom we write. He changed the initials of his name to "Henry W." to avoid the other Starr receiving his mail. Henry W. Starr was a native of Vermont and a graduate of Middleberry Col- lege. Was raised on a farm and attended the grammar schools of the district in which he lived. Like many of the sons of farmers of these days, he had to earn the money with which to pay his way while in college. To do this he taught school during the winter months. Soon after completing, his college course he went to Cincinnati, Ohio, where he read law and contemplated going into its practice. On the advice of friends he came to Burlington, Wis. Ter., in June, 1837. James W. Grimes had come to the same place, and for the same purpose, one year before. Both were from New England and were filled with the notions of that section of the country. They formed a partnership for the Vol. 1-26
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practice of law, known as Grimes & Starr. Of the two, Starr was by far the better lawyer, the other the better politician. Mr. Starr had keen perceptive faculties, and could at once see the real point on which a decision ought to. be based in conformity with law and justice. He possessed a retentive memory ; was a student of the law and loved it for its sake. On the 30th of March, 1799, Zenon Trudeau, governor of Upper Louisiana, gave Lewis Tesson a square mile of land on which the Town of Montrose was subsequently built, for which Tesson was to look after the Indians and keep them in fidelity to his majesty the king. Tesson lived there many years, built a trading post, erected buildings, fenced the ground, and among other things, planted an orchard of a hundred trees, the first orchard planted within the Territory of Iowa. He became largely indebted to one Robodaux. His property was seized and sold at the door of the parish church in St. Louis on Sunday morning, May 15, 1803, for $150 to his creditor. The title to this land acquired through this grant and sale afterwards was disputed. Henry W. Starr represented the owner, claiming under the Span- ish grant and sale to Robodaux. Their title was sustained by the Supreme Court of Iowa and the Supreme Court of the United States.
James W. Woods. What we know of Mr. Woods, generally called "Timber Woods," is but little. He attended the first court held in Burlington, in 1835. In his short address at the Old Pioneers' Association in 1858, he says: "I count myself amongst the oldest settlers of Burlington. I attended the first court ever held in Burlington. It was held in a log cabin, without floor, chimney, or scarcely a roof." At this time Mr. Woods was living and engaged in the practice of law at Wapello. He was a fairly good lawyer and successfully filled a place in the profession.
Caleb B. Harrington. It was the good fortune of the writer to be acquainted with this most extraordinary man. We use the word extraordinary in the sense of his possessing certain characteristics different from most men. He came from Vermont to Burlington and for a time was a member of the law firm of Hall, Harrington & Hall. He was particularly noted for his sound judicial sense. With a given state of facts he seldom failed to draw correct legal conclusions. He was one of the best men to whom one could go for legal advice; could talk law. politics or on most any subject entertainingly while sitting in his chair ; but could not talk while standing, to a jury. Was in no sense an advocate. Was one of the most companionable of men and could entertain by illustration or anecdote.
Charles Ben Darwin. Mr. Darwin had the reputation of being one of the best lawyers in Burlington. IIe came to the city when a young man and for a time followed school teaching. First taught a private school. In 1852 he was elected, and was the first principal of North Hill School. Was a man of liberal education, being a graduate of Oberlin College. He was a student of the clas- sics, and delighted in reciting selections from Shakespeare's plays, as well as the orations of the Latin and Greek orators. His imagination was large, and with the gift of expression, feeling and thought, he was at the time considered the orator of the bar. Having these qualities, in a short time he came to be rec- ognized as one of the leading men of the profession. He had not only a high opinion of his abilities as a lawyer ; but also as to the value of his legal services. He was not a Roscoe Conklin, but of that order of a man. His bump of self-
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esteem was perhaps as large, if not larger, than any other bump on his head. Was chosen to represent the people of the county in the House of the Eleventh Legislative Assembly of the state. There had not been a revision of the laws of the state since the codification of the laws made by Charles Mason, William A. Woodward and Stephen Hempstead, code commissioners appointed January 25, 1848, and it became necessary to have a new codification of the laws of the state. The Seventh General Assembly in July, 1858, passed a joint resolution appointing W. T. Baker of Dubuque County, Charles Ben Darwin of Des Moines County and William Smith of Lynn County, commissioners to draft and report to the Judiciary Committee of the two Houses a code of civil and criminal pro- cedure. The Eighth General Assembly on April 2, 1860, passed an act which pro- vided: "That Charles Ben Darwin is hereby appointed to incorporate by proper, etc., into the revision prepared by him, and presented to this session by the code commissioners, all the laws of a general nature, etc., and when published shall be known as the Revision of 1860." So it appears Mr. Darwin was the one on whom principally fell the burden of doing the work, and we notice that in the report to the General Assembly it is signed "Charles Ben Darwin." The Revision of 1860 was called by the lawyers, "Darwin's Code." Taking into consideration the time in which he had to prepare the work, it cannot but be said he did the work as well as it could be done under the circumstances. Soon after the organ- ization of Washington Territory he was appointed United States judge of the District Court of that territory. How long he retained that position I do not know. He left Washington Territory and made his home in San Francisco, Cal., where he died several years ago.
Charles H. Phelps. This man knew more law with less reading of the law and decisions of the courts than any man who practiced at the Des Moines County bar. He came of a family of lawyers. Was a native of the Green Mountain State, where his father was known as one of its greatest lawyers. His brother, who at one time represented the United States at the Court of St. James, was a great lawyer. Mr. Phelps seldom attempted any oratorical fights, but rested his case on a clear, concise statement of the law and facts. Ridicule was one of the most effective weapons which he used, and with terrible effect. He did not particularly delight in the practice of the profession, but did delight in sittng in judgment on cases presented to him for decision. Of him in this connection we will speak in another chapter.
Thomas W. Newman. The subject of this sketch was a native of the State of Maryland. He received his education at Washington Academy, Princess St. Anna, Somerset County. Soon after leaving school he commenced the study of law, and was admitted to the practice in 1850. He landed at Burlington, June 5, 1850, and commenced to practice his profession. In 1855 he was elected county judge, which position he held until 1857. He possessed the quality of believing he knew the law, and was ready at all times to back up his belief by argument to the last word. Was ready at all times to enter into a legal fray. Was armed cap-a-pie, well mounted, and with sword and helmet was ready to make a charge on his adversary. If he was the victor over his adversary great was his delight ; but on the other hand, if unhorsed and rolled in the dust, he soon arose and congratulated his adversary. He was chivalrous. He loved his profession. Had the power to express his thoughts on any legal point under discussion. Was
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skillful in presenting his case to a jury. Like Darwin, he believed he was some- what of an orator, and took delight in presenting bouquets of speech to them. Not unfrequently the readings of William Shakespeare afforded him illustrations with which to make more impressive the point which he presented to their minds. Sometimes his zeal would get the better of his judgment, and cause him to say things which he regretted, for which he always apologized to opposing counsel, and to the court. During the time I knew him he had someone as a partner. The first firm connection was Newman & Tracy. After that, Newman & Blake, then Newman, Blake & Hommack, then Newman, Blake & Blake. Mr. New- man was a public-spirited man and evinced the same zeal for the public welfare as he did in his private business. Was a director in the Burlington & Missouri River Railroad Company and of the Merchants National Bank, was a republican in politics and took lively interest in his party's welfare. Was a faithful and devoted member of the Baptist Church. Through his influence was maintained for many years the Burlington University, an institution under the patronage of the Baptist Church.
Joshua Tracy. Joshua Tracy was a native of the State of Ohio. Lived on a farm until nineteen years of age, when he entered Beverley College, Washing- ton County, Ohio. Came to lowa in 1846. For a time he attended school taught by Prof. Samuel Howie, Mount Pleasant, lowa, and it can be said that Samuel L. Howie was one of the best instructors. He was a natural born school teacher. He had faith in himself and in the thoroughness of his work. He believed he had as much to do in suppression of the rebellion of 1860-61 as any man in the United States, simply because Gen. W. T. Sherman was one of his pupils when he taught school in Ohio. He cared not how much his pupils fought and swore, so they studied and got their lessons. His pupils were a belligerent set and became belligerent men. Such was Joshua Tracy, who was at all times ready for any emergency in trial of a case. Was never thrown off his guard or seemed to lose his head. In personal appearance was attractive, which, with his legal abil- ities, address, and the power to express his thoughts, made him a formidable adversary. He represented his county in the House of the Fifth General As- sembly of the state. At the outbreak of the Civil war he cast his political for- tunes with the republican party, and so remained to the time of his death. Served the First Judicial District as prosecuting attorney for several years. Was then elected to the position of judge of the First Judicial District. After his retire- ment from the bench he became general solcitor for the Burlington, Cedar Rapids & Northern Railway Company, which position he held at his decease.
P. Henry Smythe. Mr. Smythe, the subject of this sketch, was born in Wash- ington County, Va., March 10, 1829. Was admitted to the practice of the law in Cleveland, Ohio, in 1857, and came to Burlington the same year. In 1858 or 1859 lie and his brother-in-law, T. D. Crocker, formed a partnership known as Crocker & Smythe, and had their office at the corner of Jefferson and Main streets, No. 32 Main Street, second floor. Mr. Smythe was a large and well-pro- portioned man. We would say he was six feet one inch in height, broad shoul- dered and in his prime weighed over two hundred pounds. Had a large Roman nose. llis walk and general appearance gave him a dignity seldom seen. He was a great student of the law as well as of other subjects that affected the pub- lic welfare. Was original in his thoughts, having the power to comprehend
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the reason of things, why such is the law, why such is the truth of the matter. Because he was recognized as possessing this quality of mind, the most difficult legal propositions were entrusted to him for their solution, and seldom did he err in regard thereto. His statement of a legal proposition was such in connec- tion with the facts; was its argument. In thinking of Mr. Smythe as a lawyer, we are put in mind of Mr. Tulkinghorn, in his back room, surrounded by his law books; we see him sitting at his desk covered with papers. There is the ink stand with a pen lying by its side; there hangs a picture on the wall of some noted judge. We see a Lady Deadlock, dressed in black, open the door of his consultation room and silently gliding out into the outer office, then opening the door and going out onto the street. She had been in there revealing some hidden mystery that affected her life, her reputation, her property, and she wanted advice as to what she should do. She had closed the door behind her, and left her secret locked in the bosom of the man who sat at that desk. He had given her advice and she felt safe. That whatever might come, it was in the safest of hands. Mr. Smythe earned that success which his abilities as a lawyer de- manded. He represented his county in the House of the Twenty-fourth General Assembly of the state. He was at the urgent request of the members of the bar of the First Judicial District appointed its judge in April, 1874. This position he resigned in September of the same year.
D. Y. Overton. Mr. Overton was born on a farm near Morristown, N. J., October 3, 1822. He was admitted to the practice of the law by the Supreme Court of New York in 1852. Practiced at Almira, N. Y., until 1857, when he came to Burlington, Iowa. Soon after his arrival he and L. H. Shepard entered into a partnership for the practice of the law. The firm was called Shepard & Overton. Mr. Overton was a fair lawyer ; was a good office lawyer in the way of drawing contracts and giving advice. He was the author of a text book, "Overton on the Law of Liens," which was published by Banks & Bros. in 1883. It consisted of a treatise on the law of liens at common law, equity, statutory and maratime. The book shows the author had carefully compiled the decisions of the courts on the subjects investigated. If the book is to be criticized, it is that its author undertook to cover too much ground in a single volume.
Benton J. Hall. Benton J. Hall was born at Mount Vernon, Ohio, January 13, 1835. Graduated at Miami University at Oxford, Ohio, June, 1855. He was the son of Hon. J. C. Hall, of whom we have written. Young Hall was four years of age when his father came to Burlington. After he had completed his college course he read law in his father's office and was admitted to the prac- tice of the law in 1857. He was the junior member of the firm of Hall, Har- rington & Hall. He continued in the practice at Burlington till almost the time of his decease. Few lawyers rose more rapidly in their professional career than Mr. Hall. He was a great student of the law, for he knew to become its master demanded almost all his time. As his father increased in years, the respon- sibility of taking care of the business fell upon him. This was especially true after the dissolution of the firm of Hall, Harrington & Hall. His opportunities for legal training were exceptionally good, because he had the benefit of his father's long experience in the practice. This, with his industry and natural ability soon fitted him to take charge of the firm's business. He was charming in his personal demeanor, not only to his associates in the profession, but to
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