USA > Iowa > Dubuque County > History of Dubuque County, Iowa; being a general survey of Dubuque County history, including a history of the city of Dubuque and special account of districts throughout the county, from the earliest settlement to the present time > Part 49
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George W. Cummins was the first sheriff of Dubuque county under Wisconsin Territory. Owing to the ill-health of Judge Irvin the court session of October, 1837, was very short ; nearly the whole docket was continued until the June term of 1838.
A man arrested here for passing counterfeit money left a cash bond for his appearance for trial, but failing to return the money was forfeited. The citizens called a public meeting to determine what should be done with the money.
In 1837 W. W. Chapman and Stephen Hempstead were associated in the practice of law. T. S. Wilson, Peter H. Engle and William IV. Coriell were each practicing alone.
Lawyers who practiced here in 1838 were J. W. Parker. R. D. Parker, Richard Farwell and John Turney, of Galena or elsewhere, and W. W. Coriell, Stephen Hempstead, P. H. Engle, T. S. Wilson and James Churchman, of Dubuque, and Edwin Reeves, John V. Berry and Alexander McGregor also attended the courts here.
In February, 1838, Congress passed the law creating Iowa Terri- tory, the same to go into effect July 4, 1838. It was duly provided that all suits instituted before that date should be prosecuted to finality. The United States District Court, Territory of Wisconsin, held a session in June, 1838, Judge Charles Dunn, presiding ; there was a large docket which was disposed of rapidly, though many of the cases were continued until the next term.
"Monday next commences the June term ( 1838) of the District Court of the United States for this county. As no court has been held here for upwards of a year the docket must necessarily be large and suits pending a deep importance to the litigants."-(Iowa News, June 2, 1838). Judge Dunn presided and court was in session two or more weeks in June, 1838.
Under the Iowa territorial law no definite time, through over- sight, had been set for holding the courts. To remedy this omission W. B. Conway, secretary of the Territory by proclamation, fixed the next term to begin on the second Thursday in September, 1838. Chief Justice Mason decided about this time that there was no October term known to the law-that a recognizance was in the nature of a contract and hence defendants were not bound to appear and stand trial at a day earlier than specified in the recognizance.
Timothy Davis and James Crawford were here practicing in the spring of 1839. In February, 1839. John V. Berry became attorney for the Third district. The counties of Dubuque, Jackson, Scott and Clayton were constituted the Third Judicial district, and Thomas
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S. Wilson was chosen judge ; sessions were held in April and Sep- tember of each year.
In about 1836 a negro named Ralph came here from Missouri to work in the mines. He remained until 1839, when his master arrived and claimed him on the ground that he had not paid for himself. After due proceedings the justice delivered him to his master. Several humane citizens took up the matter and asked for a writ of habeas corpus before Judge Wilson, and by consent of parties the case was referred to Judge Mason, then presiding in the newly organized Federal District court, who decided that as Ralph had come with his master's consent he might remain without his consent, and he did so. This case may be seen in Morris' reports of that date. It was often referred to during the slavery period.
In 1841 the Hyde-Murray inurder case was tried, all the lawyers here being on one side or the other ; Hyde was found guilty of mur- der and sentenced to be hanged.
Early in 1841 P. A. Lorimier, Augustus Coriell, Francis K. O'Ferrall, James Langworthy, E. M. Bissell and C. E. Harbeson, who had served at the December term, 1840, as grand jurors and who had not yet been paid for their services, addressed a communi- cation to Thomas Ewing, secretary of the treasury, asking whether the funds for such services had yet been sent to Francis Gehon, late marshal of Iowa Territory, and were answered as follows: "Upon reference to the proper accounting officer I am informed that the late marshal was duly provided with funds and if he fails to pay you must apply to his successor." It was shown upon investigation that General Gehon was slow and not culpable.
It was claimed by the press in 1842 that Iowa Territory for a portion of that year was wholly without a judiciary. It was claimed to be the fault of the Congressional delegate. The offices became vacant and no new appointments were made to fill them. Judge Williams presided after August.
Late in the thirties and early in the forties the lawyers here were kept busy with numerous land and mining suits, contentions growing out of pre-emption claims and rights, horse and cattle stealing and an occasional murder. An important case in the spring of 1843 was the trial of the three Winnebago Indians for murder, the case coming here on a change of venue from Fayette or Dela- ware county. All the lawyers here were retained on this case. Their chief attorney was Judge Grant. They were found guilty and sentenced to be hanged ; they asked to be shot instead of hanged. The case went to the Supreme court, but the opinion of the lower court was affirmed. Some complications arose and the execution was postponed. About this time two burglars confined in the jail burned a hole in the floor and escaped, taking with them one of the Winnebago Indians ; the other two refused to leave the jail.
About 1844 Col. L. A. Thomas began the practice at Dubuque;
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in partnership with D. S. Wilson, who founded the Miners' E.r- press. He was prominent in politics here as early as 1840; lie and wife were active in soldiers' relief work during the Civil War. This year the Prichard divorce case engaged the services of Dubuque lawyers. Frederick E. Bissell began the practice about 1846-7. He studied law with James Crawford and upon his admission to the bar formed a partnership with his instructor. He was after- ward associated with Timothy Davis, Lincoln Clark, and in 1855 with William Mills. In 1856 O. P. Shiras joined Mills & Bissell, but Mills withdrew in 1861. Five years later John M. Ballou joined Bissell & Shiras. About this time Mr. Bissell was appointed attor- ney general and later was continued by election. At his death in 1867 Burt, Cooley. Wilson, Davis, Poor, Barker, Mills, Beach, Beck, Vandever and others at the bar meeting spoke in praise of his eloquence, ability and high character, and referred to his loss with intense feeling and regret.
The case of the Miners' Bank of Dubuque was tried here before Judge Wilson in November, 1845; the best lawyers were engaged at the trial. Judge Wilson decided that the act repealing the charter of the bank was constitutional. The Iowa Supreme court affirmed the decision. Judge Joseph Williams was on the bench of the Second district in 1846. In 1847 the Supreme court consisted of Joseph Williams, Thomas S. Wilson and Judge Kinney. At this time Thomas Rogers and William J. Barney were law partners ; so also were Hempstead and Chenoweth. George Madeira prac- ticed here. In the fall of this year Benjamin M. Samuels opened a law office in Dubuque. He was a successful lawyer from the start and became later one of the leaders of the county Democracy. He was one of the most brilliant orators among the old bar ; he died in 1863. When Thomas S. Wilson resigned from the Supreme bench in 1847, George Greene, senior editor of the Miners' Express, was appointed his successor.
A number of members of the Dubuque bar prepared and signed a petition remonstrating against the appointment of George Greene as a member of the Supreme Bench of Iowa, owing to his alleged lack of qualification for that important post. It was stated that this petition was burned by two members of the Legislature. There were fifteen lawyers in Dubuque at this time, but only five of them remonstrated against the appointment of Mr. Greene-four Whigs and one Democrat.
The act of February 4, 1847, constituted four court districts in Iowa; that of January 22, 1857 made fourteen. The Constitution of 1857 gave the Legislature power to reorganize the districts and increase the number of judges. Accordingly an act of March 20, 1858, reduced the judges to eleven : the twelfth was added in 1864; the thirteenth in 1872, and the fourteenth in 1876. The act of May 3. 1868, established the Circuit court with two judges in each dis-
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trict, with exclusive jurisdiction in probate matters and appellate jurisdiction from inferior tribunals in civil actions and concurrent jurisdiction with the District court in civil actions. This law abol- ished county judges and greatly facilitated court proceedings. The city court of Dubuque was still in existence until recently, though no judge nor clerk had been elected to it for many years.
Judge Carleton presided in place of Judge Grant in December, 1847. The bar passed resolutions complimenting him on his style and dispatch in conducting court. The lawyers who signed these resolutions were as follows: Platt Smith, Thomas S. Wilson, Stephen Hempstead, William J. Barney, Frederick E. Bissell, Lewis A. Thomas, William Y. Lovell, Thomas Rogers, Lincoln Clark, George L. Nightingale, John V. Berry, James L. Palmer, James Clark and George Madeira.
In January, 1848, the Johnson-Bigger murder case was tried and he was found guilty. A new trial was granted. This case brought out the best legal talent. The act of January 22. 1848, changed the time of holding court to the fourth Monday of April and the third Monday of September of each year. Lewis A. Thomas was prosecuting attorney. In October, 1848, Rogers & Barney were partners; also Lovell & Samuels, Wilson & Smith, while Clark, Hempstead and Madeira practiced singly. About 1848-9 David S. Wilson, brother of Judge T. S. Wilson, began practicing. He came here in 1839 and was one of the founders of the Miners' Ex- press. He studied law in his brother's office. In the Civil War he was commissioned colonel by Secretary Stanton, and took the field with his regiment. He did not oppose Lincoln's adminis- tration as his brother Thomas S. did. In 1872 he became circuit judge and soon afterward district judge. He died in 1881. Late in life he affiliated with the Republicans. At his death it was said that he was the most popular man ever a resident of Dubuque.
The Supreme court held a session in Dubuque in July, 1850. J. J. Dyer was United States district judge in 1851. The new code went into effect July 1, 1851, and under it William Y. Lovell became the first county judge and held his first session in September. Jolın D. Jennings began practicing this year. He became one of the editors of the Miners' E.rpress, but after 1857 devoted his time to his profession. Judge Grant held court in October ; there were only seventy-five cases on the docket, one being that of Emerson- Goldsberg. Hempstead & Burt and Thomas S. and David A. Wilson were law firms in 1851 : the next year Clark & Bissell and Wiltse & Lovell were prominent. Carson Graham also practiced. In 1852 Judge Wilson succeeded Judge Grant on the district bench. Beginning November 10, 1852, and ending in March, 1853, Judges J. J. Dyer and T. S. Wilson conducted a law school in this city ; $30 was charged for the term of five months; there was general instruc- tion with lectures, moot courts, etc.
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In1 1853 railway cases began to figure in the local courts; one was Dubuque vs. the Dubuque & Pacific Railway. In May Samuels & Vandever were associated. In November, 1853, the second term of the Dubuque Law School was opened: $40 was charged for the terni of five months ; J. J. Dyer, T. S. Wilson and Rev. Joshua Phelps were instructors. It does not appear that as yet the Dubuque bar had been duly organized. In December, 1853. Judge Wilson went to Washington to conduct the Dubuque claims case-Chouteau vs. Maloney. The case went over until January, 1854, when it was decided against the claimant. This was one of the most, if not the most important cases in the history of the county. It removed forever a cloud which had hung over the inhabitants since the earliest settlement. At the bar banquet of January 19, 1885, Judge Wilson said that he received only $200 for his two years' service in this case-the most momentous in local history.
The ferry case of 1854-Fanning vs. Gregoire and Bogy-was tried in June; the plaintiff was suing for his alleged rights under his twenty-year territorial license.
Among the lawyers practicing in 1855 were A. H. Dillon, A. E. Harmon, Ben. M. Samuels, D. N. Cooley, William Vandever, David S. Wilson, J. S. Blatchley, L. Hand, J. S. Covel, W. M. Crozier, J. M. Griffith, S. Sawyer, H. and E. T. Wilder, William Tripp, S. M. Pollock, William McNall, Colin Clark, F. E. Bissell.
"Hon. T. S. Wilson .- The thanks of the legal fraternity and the public are due to this gentleman for the straightforward, ener- getic discharge of his duties in the late protracted session of the District court of this county. The cases on the docket embraced 64 chancery cases, 206 civil cases and 28 state cases, all of which were disposed of owing in a great measure to the business tact and address of the judge."-E. & H., December 21, 1855. )
The United States District Court sat here in July, 1855, Judge Dyer presiding; there was a light docket.
In September, 1855, Judge J. J. Dyer died in Virginia of typhoid fever. He was the dean of the law school which expired when he died. "His sudden death has spread a gloom over the whole city," said the Express and Herald of September 21, 1855.
M. Mclaughlin, attorney of Dubuque, became commissioner of the Court of Claims in December, 1855.
In December, 1855, M. B. Mulkern was admitted to the bar ; he was a graduate of Cambridge Law School. He soon became county attorney and afterward was prominent as a lawyer and more so as a politician. He was for a while one of the editors of the North- west, a newspaper supposed to be owned by George W. Jones. In January, 1856, Lucius Robinson succeeded J. S. Covel as county attorney. At the February (1856) term there were 242 cases on the docket, twenty-five of which were criminal and fifty-five chan- cery ; Judge Wilson presided. J. M. Griffith and M. B. Mulkern
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were partners in 1856. A mayor's court, as provided by the con- stitution, was demanded in April, 1856, when D. S. Wilson was chosen mayor. On August 7, 1856, Oliver P. Shiras was admitted to the bar upon motion of Ben. M. Samuels. The latter, who had examined the applicant, said the examination was one of the most brilliant he had ever witnessed. A mayor's court was held first in July, 1856; the first case was a fine of $3 for drunkenness. The Crowley-Gleason murder case was tried about this time.
Late in 1856 the county court was given criminal jurisdiction. In February, 1857, Franklin T. Goodrich was admitted to the bar. Wilson, Utley & Doud was a strong firm at this time.
On June 27, 1857, the bar met at the court house pursuant to notice for the purpose of revising the rules of practice, of organiz- ing an association of the nature of a law institute and of considering the expediency of taking a pleasure excursion. Messrs. Baker, Bissell and Harvey were appointed a committee to revise the rules. Messrs. Dillon, Cooley and Cram were appointed a committee to report on an attorney's minimum fee bill. The following resolu- tion was adopted: "That a committee of three be appointed to prepare a plan for an incorporation of a law institute, and that said committee be instructed, after they have prepared such plan and articles, to call a meeting of the bar, at which they shall report." Blatchley, Cram and Griffith were appointed such committee. The committee to revise the rules was instructed to report a rule for making up issues in vacation and to allow parties prevailing in suits a fee on the decision of demurrers and a fee generally. Mulkern, Rupert, Harvey, Cram, Goodrich, Dillon, Lovell, Jennings and Jones were appointed a committee on excursion. On motion of Mr. Crosier the following resolution was adopted: "That the thanks of the members of this bar are due to Benjamin Rupert, the clerk of the District court of this county, for his untiring energy and industry in the faithful discharge of his official duties and the courtesy extended to us all while performing the same." Of this meeting William Mills was chairman and C. S. D. Jones, secretary. -(Daily Times, June 30, 1857. )
The Times having attacked Judge Wilson, both professionally and politically, the bar of Dubuque, on August 6, 1857, met and passed a resolution of unbounded confidence in that official.
On August 18, 1857, M. B. Mulkern, lawyer, entered the editorial rooms of J. B. Dorr, of the Express and Herald, and after demand- ing that he retract certain statements in Sunday's paper and being conditionally refused opened fire on the latter with a revolver. Three shots were fired, neither of which took effect. The news- paper had charged Mr. Mulkern with a criminal offense .- (E. & H., August 19, 1857.)
The grand jury failing to find a true bill against Mr. Mulkern,
CATHOLIC CHURCH, DYERSVILLE, IOWA.
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the Erpress and Herald of November 18, 1857, denounced that body and Mulkern in withering terms.
"The Circuit Court of Dubuque county has been in session three weeks. The grand jury found a number of indictments, but the criminal cases have not yet been tried. Such cases and about one hundred on the civil calendar will occupy two or three weeks longer. On account of the absence of Judge Wilson for the rest of the November term the court will be held by Hon. Samuel Murdock, judge of the Tenth Judicial district."
Law firms here in October, 1857, were Bissell (P. E.), Mills (William) & Shiras (O. P.); Burt (James), Barker (W. T.) & Pierce (S. T.) : Wilson (D. S.), Utley (B. T.) & Doud (John, Jr.) ; Franklin T. Goodrich, Samuels (B. M.) & Allison (W. B.). Oscar Taylor, D. N. Cooley.
Thomas M. Monroe, a distinguished lawyer, died in February, 1877 ; he was born in Virginia in 1818 and graduated in law from Front Royal College. He located in Dubuque in 1858 and at once took a prominent place in his profession and maintained it until his health failed a short time before his death.
By 1858 Dubuque had a powerful bar-one of the strongest in all the West. In February, 1858, there were here Bissell, Mills & Shiras, Burt, Barker & Pierce, Wilson, Utley & Doud, Samuels & Allison (Crane joined them a little later), Bancroft & Goodrich, Newberry & Robb, Cooley, Blatchley & Adams, Pollock & Munson, Peckham & Beach, Lovells & Williams, Vandever. Friend & Shiras (George), Chapline & Dillon, Smith, Poor, Adams & Cram, Oscar Taylor, John L. Harvey, Samuel Duncan, A. E. Harmon, Henry S. Jennings, R. Stewart, H. T. McNulty and Frank M. Robinson. Here were lawyers who then and afterward made themselves famous.
The Gullick case was tried here in 1858; he shot his wife with pistol; he was convicted and in the end hung. Many brilliant passages at arms occurred while this case was on trial. The year before John Regan killed a Mr. Goldrick and was bound over for murder. In April three murderers were in the county jail: Ryan, Crowley and Gullick.
In 1858 W. T. Barker began the practice and at once took high rank. He helped to revise the code of 1860, and later was a mem- ber of the State Board of Inquiry. In 1860 he became public prosecutor of the Ninth district ; he was at times associated with Burt, Pierce, Barney, Chapline, Dillon, Pollock, Shields. In 1869 he became circuit judge ; he had much to do with railroad law and legislation.
This year the Johnson-Ostland murder case was tried: also the McGee-Kelly murder case ; both cases ran over into 1859 or longer. . At this time the Ninth Judicial district embraced the counties of Dubuque, Delaware, Buchanan, Blackhawk and Grundy.
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The Gibbons-Donahoe and the Clifford and Mooney-Wood mur- der cases were tried in 1859-60. Clifford and Mooney were found guilty in December and sentenced to be hung. The former was executed in the jail yard in Dubuque.
Among the attorneys here in May, 1859, were the following: Wiltse (H. A.), Friend (W. C.) & Jennings (H. S.) ; Wilson (D. S.), Utley (H. T.) & Doud (John, Jr.) ; Oscar Taylor; New- berry (S. S.) & Robb (Patrick); John D. Jennings: Barker (W. T.), Chapline (J. A.), Barney (W. J.) & Dillon (A. H., Jr.); Clark (Lincoln) & Beach (M. H.) : Pollock (S. H.) & Munson (S.) ; Duncan (Samuel) & Tavenner (G. A.) : Charles G. Loeber; O'Neill (J. H. ) & McLenan (William ) : John L. Harvey ; Lovells (W. Y. and J. T.) & Williams (J. H.) ; W. B. Okeson; E. M. Bartholow; Griffith (J. M.) & Knight (W. J.) : H. T. McNulty; Smith (Platt), Poor (B. W.), Adams (S. P.) & Cram (D. C.); Rickard & McCeney; R. Stewart; Jeremiah Sheean. James S. Godsden was an attorney located at Dyersville; he had located there the previous November.
On New Year's night, 1857-8, an affray accurred at Western Brewery Hall, during which two or three persons were killed and about twenty injured. It was reported to have been a clash between Irish and Germans. Jacob Roth and Charles Swartz were charged with murder ; a long trial resulted.
About 1859 John H. O'Neill came here and became the leading criminal lawyer in the state; owing to his brilliant oratory he was in great demand by the Democrats during every important polit- ical campaign. He was prosecutor in the Crowley-Gleason murder case, on which occasion his penetration, perspicuity and eloquence were revealed and appreciated. O'Neill and Mulkern were for the state, and Cooley and D. S. Wilson for the defense.
The act of January, 1858, revised and consolidated the laws incorporating the city of Dubuque and established a city court, which was conducted by a judge, clerk and marshal. In 1858 the Republicans of the Ninth Judicial district nominated B. W. Poor for judge.
A big attack was made in the courts against gambling in Dubuque in February, 1860. The grand jury indicted several persons on the charge of conspiring to cheat and defraud with cards, etc. Many were indicted for keeping gambling saloons ; all plead guilty and were fined.
Judge Love, of the United States District Court, granted the injunction against the city in favor of Gelpcke, Kentgen & Co., of New York, March 22, 1860.
On April 27. 1860, Francis Gillick was executed for the murder of his wife. The execution was public and order was kept by two companies of militia called out. The place selected was near Eagle Point, and there the scaffold was erected. A large crowd, about
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7,000, from far and near saw him pay the penalty of his crime. He was an Irishman, had served in the war between Isabella, queen of Spain, and her Uncle Don Carlos, and in the Mexican War, being present at Molina del Rey, Chapultepec and Contreras.
In the February term (1860) of the District court there were 650 law cases and 200 chancery cases. During 1859 the total num- ber of cases disposed of numbered over 1,200.
In the trial of Mooney for murder in November, 1860, Barker & Utley prosecuted and Bissell, Mills & Shiras defended. During the trial, in spite of the gravity of the occasion, the court room was convulsed with laughter over the manner and answers of a witness -one Mickey McDonald.
Lawyer : What did they do?
Witness: They kim in and shuk two tin dollar bills and two sovrins out of their purses on the counter.
Lawyer: How do you know they were ten dollar bills ?
Witness: How do I know? Faith, the same as ye wud yerself, because I seen 'em. Bedad, ye'd bether not ask me so many ques- tions -- just quit whar ye are and not be thryin' to pump the guts out o' me.
Lawyer: Well, you said you saw Mooney get your little boy to burn the cap.
Witness (excitedly) : And is it me that said that? Don't ye know I didn't say it? Wy d'ye put wurds in me mouth? Och, now, it's a pretty one ye are and it's a pretty lamb's tail ye're makin' of yerself. And so on.
During 1860 the press noticed that there had been a notable cessation of crime in this city and county. "Dubuque, almost from its organization up to within the last year, has been a favorite resort of a horde of scoundrels of every description. Situated at the junction of three states, and on the railroads and river, it gave unequaled facilities for the residence of thieves, burglars, gamblers and swindlers of every hue. Thus it is that until lately there have been more murders, gambling, swindling, prostitution, etc., going on than in any other city of its size in America. Even in the last two years Dubuque has furnished a host of such stars as Borlan, Gallagher, Rocky Ryan, Gillick, Johnson, Clifford, Mooney, Con- stable, Dr. Granville. Ricard, Thomson and others of lesser note. it was a paradise for such fellows-our laws were lax-our authori- ties either careless of doing their duty or in direct complicity with the brotherhood of rascality. But things have changed. Now we have as orderly a city as can be found anywhere. Our city within two years, from a depot of distressed scoundrelism from all parts of America, has become a place fit for the residence of Quakers. Let us give thanks."-(Herald, November 18, 1860.) "There are seventy-eight of the present citizens of this county who have been admitted as attorneys at law. Of this number
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