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 50
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there are about eight engaged in other business, who do not prac- tice, and three or four who are employed as clerks for some of the other firms. Of those who do not practice at all, one is judge of the District Court, one of the City Court, one is the treasurer and another a trustee of a railroad, one is secretary to the minister to Bogota, one an editor, and two live on the interest of their money. Of those who practice one resides at Cascade, one at Peosta, two at Dyersville ; one is a member of the State Senate, two of the House of Representatives and one lately elected a justice of the peace. There are about sixty whose sole business is the pursuit of their profession. One firm is composed of four members, eight firms of three and eleven of two."-(Herald, December 9, 1860. )
In January, 1861, O. P. Shiras lectured on "The Man for His Times-Edmund Burke an Illustration." In February there was a large docket-over 300 cases. Col. H. H. Heath was admitted to practice early in 1861. W. W. Mills opened his law office in the Jones block in April. In June Ben. M. Samuels withdrew from the law firm of Samuels, Allison & Crane. Phineas W. Crawford was admitted to the bar this year.
The number of convictions for crime in the District Court for the year ending October 31 was as follows: Murder 2, assault with intent 3, larceny 6, petit larceny I, gambling houses 3, failure to pay own fines I, assault and battery 2.
Thomas C. Roberts was born near Rockdale, this county, in 1835, and late in the fifties began the study of law with Coaley, Blatchley & Adams; he was admitted in 1861 and soon made a creditable mark in his profession.
In January, 1862, Barker, Barney & Dillon dissolved partner- ship. In February the bar adopted new rules for the guidance of the court. In the election contest between Hewitt and Cummings, Knight, Samuels and O'Neill were the attorneys. About this time many law firms dissolved partnership, owing to a large decrease in litigation. Late in the fifties the railroad, criminal and bond and debt cases had kept a large and powerful bar busy, but now it was different. Samuel M. Pollock was judge of the city court in 1861-2; the court was abolished in 1862. "This disposed of an institution which was forced upon the people of this city against their will, which the Supreme Court of the state kept in existence, and which has done more injury to the people of this city than can ever be repaired."-(Herald.) In May M. B. Mulkern became United States commissioner. Judge Wilson left the bench in De- cember, 1862.
In 1863 Thomas S. Wilson and M. B. Mulkern were associated as partners ; the former had just been beaten for the District bench, mainly by the soldiers' vote, and the latter was one of the best criminal lawyers here. James Burt took the vacant seat on the bench recently occupied by Judge Wilson. P. M. Harrington was
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admitted to the bar in May. Among the lawyers here at this time were Thomas M. Monroe, Ben M. Samuels, Hodgdon & Covel, John Deery, Griffith & Knight, Wilson & Mulkern, George B. Edmonds, C. C. Converse, Utley, Doud & Brust, Barker & Mc- Nulty, Platt Smith, Bissell & Shiras, J. H. O'Neill, John Thomp- son, B .B. Richards, Austin Adams, W. Y. Lovell, J. F. Bates, Allison & Crane and others. The Gelpcke case was an important one at this date. The Dyersville mill dam case was another. In December. 1863, the bar met and adopted a new fee bill, raising their prices.
By 1864 hard times had fallen upon the legal profession; liti- gation was cut down to one-third of its former extent of only a few years before. Monroe & Deery became associated as partners early this year, John S. Covel died in June and W. T. Angell in October.
The McArdle murder case brought out the best legal talent in 1864. The case was taken to Jackson, where Mrs. McArdle was convicted. Several important cases relating to river-front lots were in court this year. In 1865 the Kennedy-Doolin murder case was tried.
On March 2, 1866, the grand jury indicted seventeen out of nine- teen members of the board of supervisors "for receiving pay for greater length of time than the law allowed during one year, twenty- five days being the restricted time of the statute. The two men not indicted were sick and absent. Two indictments were found against the board in its separate capacity for letting contracts for amounts in excess of $500 without being petitioned by 100 voters, as the law provided.
In December, 1866, the Sarah Lee Porter case was in the courts. John H. O'Neill, city attorney, was charged with neglect of duty in that case. It grew out of the purchase of the Central Market ground from Mr. Porter many years before. Mr. O'Neill had no defense, except that he had been having a general jollification. His speech before the City Council was one of the most brilliant he ever delivered. It prevented his immediate dismissal, but he was mildly censured and the office was later declared vacant.
About 1866 Christian Wullweber began practice. He was born in Germany and was a graduate of Cambridge Law School. He was an active member of the bar.
About 1866 H. B. Foulke began practice here and was first associated with T. C. Roberts, then with Smith, Foulke & Chapin and Foulke & Lyon, the latter becoming a very prominent and successful association. In 1878 Mr. Foulke became prosecutor of the Ninth judicial district. It was said at his death in 1892 that as a trial lawyer he had no superior in Iowa.
In 1866-7 R. E. Bishop began the practice. He made a specialty of pensions, bought tax titles and prosecuted liquor dealers. He
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made many enemies among the latter and on one occasion was attacked and beaten nearly to death. In the supervisor trials, George Watson prosecuted and Barker, Wilson, Knight & Mulkern defended. Under Judge Burt's instructions the supervisors were cleared. The Herald sharply criticised the course of the court. Three important cases were in court this year-Illinois Central Railroad, Richards, Burden and Graves. Gen. H. A. Wiltse moved to Minnesota in 1866. The following lawyers passed suitable reso- lutions deploring his departure : T. S. Wilson, F. E. Bissell. W. B. Allison, J. H. Shields, T. C. Roberts, Charles Mckenzie, D. E. Lyon, P. W. Crawford, George Crane. J. D. Langworthy, Samuel Duncan, John Deery, Thomas M. Monroe, M. B. Mulkern, T. P. Rood, Stephen Hempstead, Frank Jennings, M. Lepper, O. P. Shiras, C. G. Hawthorne, E. McCeney, W. Chandler, B. W. Poor, L. H. Cady, Dewitt C. Cram, J. M. Ballou, William Mills, W. W. Mills and Charles J. Rogers.
In 1866-7 the revenue liquor cases came up and enlisted the skill and ability of the best lawyers. A dozen or more were retained by the various defendants. Breweries were seized, liquors confiscated and the lawyers had much to do. Judge Wilson was appointed assistant district attorney to assist in the prosecution. About this time there was a general jail delivery, one man- Donegan-charged with murder, escaping. Fifteen escaped, but nearly all were recaptured.
In December, 1868, Mr. O'Neill removed to St. Louis and was tendered a farewell banquet by the local bar. Speeches of regret at his departure were made by Judge Burt, H. B. Foulke. M. B. Mulkern, D. B. Henderson, B. W. Poor, Lyon, Trumbull, Roberts and others. Mr. O'Neill replied with much feeling and unusual eloquence. At this meeting the following verse from Don Piatt's Capital was recited :
The devil came to the earth one day, And said in court, where he wended his way : "If all they have said of each other be true, The devil has surely been robbed of his due. I'm satisfied now, 'tis all very well,
These lawyers would ruin the morals of hell.
They have puzzled the court with villainous cavil, And I'm free to confess they have puzzled the divil. My agents are right to let lawyers go bail ; If I had them they'd swindle me out of my tail." -Devil.
In 1870, upon his retirement from the bench, Judge Burt was given a complimentary banquet at the Julien House, on which occa- sion many eloquent speeches were made and many fine toasts
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responded to. The city not having yet paid Judge Wilson fully for his services in the Supreme Court of the United States in con- ducting the Chouteau-Maloney case, he asked, in August, 1871, to be recompensed for the balance due him. The numerous damage suits against the city gave the lawyers and courts much to do late in the sixties and early in the seventies. In 1872 Judge Wilson was transferred to the District Court and B. W. Poor was appointed to the Circuit bench, to succeed him. In March, 1873, Dennis A. Mahony sued the city for $10,000 damages. He fell on Main street and broke his arm. Pollock & Shields were his counsel. The Sullivan-Phillips murder case came up in 1873. The defense made by Foulke & Lyon in the trial of Charles Wagner for the murder of Frank Rhomberg was one of the ablest and most adroit ever conducted in Dubuque. The newspapers spoke of it as a mar- velous exhibition of legal skill, judgment and eloquence. The jury found Wagner insane. Adams & Robinson were attorneys for the city in the Central Harbor cases about this time. The grain ele- vator cases were before the court again in 1875; large sums were involved and many of the best lawyers here were employed by the parties. At a bar meeting held in November, 1875, for the purpose of discussing the question of dividing the judicial districts of the state, partly to relieve Judge Love of the United States District Court, much difference of opinion was shown and little definite action was taken. It was in 1875 that the numerous move- ments against the saloonkeepers culminated in many lawsuits and much ill feeling. R. E. Bishop was the lawyer who fought the liquor men.
It was in 1874 that the suit of the Central Improvement Com- pany against the City of Dubuque came before the court. O. P. Shiras and E. McCheney for the company began suit for $550,000 on the old, complicated contract. This suit was begun to force a reasonable settlement, which was soon reached.
In 1875 among the lawyers were Shiras, Vanduzee & Henderson, Wilson & O'Donnell, Griffith & Knight, Pollock & Shields, Foulke & Lyon, Smith & Utt, Adams, Robinson & Lacy, Graham & Cody, Beach & Hurd, Wullweber & Brother, Ed. McCeney, George Gray, W. J. Cantillon, George Bingham, Mr. Alsop, F. T. Walker, J. P. Burt. R. E. Bishop, H. T. McNutt and Mr. Mullany. The liquor cases extended to Farley, Dyersville, Cascade and other parts of the county.
In 1876 a moot court was conducted here and legal instruction was given. The law of 1876 provided that upon petition Superior courts could be established in cities of over 5,000 inhabitants. It was given concurrent jurisdiction with the Circuit and District courts, except in probate matters and felonies, and was designed to take the place of the police courts in cities. Adams & Robinson, who effected the settlement between the city and the Central Island
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Company, charged $7.500 for their services, were refused, sued and obtained judgment for the full amount and costs.
For the year ending October 1, 1852, there were fifty-two crim- inal convictions here, of which twenty were for larceny, nine bur- glary, five forgery, two murder; twenty-five were sent to the peni- tentiary at Anamosa and ten were confined in the county jail.
In 1878 a splendid banquet was given David S. Wilson, judge of the District court, by the Dubuque bar. Thomas S. Wilson, brother of Daniel S., presided. O. P. Shiras delivered the con- gratulatory address, to which Judge Wilson responded. An elab- orate menu without liquor was served. The lawyers participating were as follows: H. B. Foulke, P. W. Crawford, H. G. Wullweber, H. E. Wilson, Ed. McCeney, J. P. Burt, W. J. Cantillon, Jolin Deery, M. H. Beach, P. J. Quigley, F. T. Walker, George Salot, J. M. Griffith, W. J. Knight, H. T. McNulty, W. H. Utt, O. P. Shiras, B. W. Lacy, L. A. Thomas, T. C. Cole, George Crane, L. G. Hurd, L. Fockler, T. P. Rood, F. M. Robinson, S. M. Pol- lock, J. M. Ballou, A. J. Vanduzee, B. W. Poor, J. D. Alsop, Fred O'Donnell, J. E. Simpson, William Graham, C. H. Eighmey, T. S. Wilson, D. B. Henderson, B. B. Richards, D. J. Lenehan, G. F. Bogue, W. S. Wright, S. P. Adams, F. B. Daniels, E. V. Hayden, G. Gray, A. Matthews, J. C. Lougueville, D. C. Cram, R. W. Stewart, P. Fiering, J. E. Moore, M. M. Trumbull, J. M. Werner, H. H. Ragan, J. B. Utt, Hubert O'Donnell, J. H. Shields, M. M. Cody, A. Hobbs and C. M. Mills.
In the spring of 1886 the Supreme court held its last session here. It came here first in 1870, and here a group of counties in northern Iowa were required to make their cases returnable. Sessions were held in April and October of each year in the Cox and Allison build- ings. A bill in 1882 to abolish sessions at Dubuque and Council Bluffs failed to pass the House, and in 1884 a similar bill was defeated.
The forty injunction cases brought by the Citizens' League in the Federal courts in 1885 against the liquor dealers attracted mich attention and were fought out in the courts. Foulke & Lyon and McCeney and O'Donnell were attorneys for the saloonkeepers. Judge Shiras presided over the United States District court here. In 1885-6 the entire judiciary system of the state was reorganized by the Legislature. Dubuque, Clayton and Allamakee counties were constituted the fifteenth judicial district. There were nineteen dis- tricts and forty-five judges in the state. In 1886 Oliver P. Shiras was granted the degree of LL.D. by Yale College.
In February, 1886, at a bar meeting, a committee was appointed "to represent the interests of litigants in northern Iowa by pro- testing against the passage of the bill now pending in our Legis- lature to abolish the present rotary system of the Supreme court in holding argument terms at various places in the state, by which
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litigants are saved the expense of sending their attorneys to Des Moines." D. J. Lenehan was elected district judge in 1886. Alphons Matthews was city attorney in 1888.
The death of Judge Austin Adams in 1890 removed one of the ablest and most prominent of the older lawyers. The officers of the bar association in 1893 were as follows: G. W. Lacy, president ; J. C. Longueville, first vice-president ; Robert Bronson, second vice- president ; P. S. Webster, secretary ; A. P. Bibbs, treasurer.
The ceremony of dedicating the new courthouse in January, 1893, and the attendant banquet were notable events. Among the speak- ers at the dedication were Judge O'Donnell, County Supervisor Cunningham, Judge Murdock, Judge Wilson, Judge Lacy, Colonel Lyon, Mayor Saunders, M. M. Walker of the Board of Trade, Judge Couch, Judge Ney, Judge Husted, Judge Utt, Judge Lene- han, Colonel Crawford and others. At the banquet B. W. Lacy was toastmaster and responses as follows were made: "The Judi- ciary," Judges Shiras and Ney; "Relation Between Bench and Bar," Judge Husted; "The Old Courthouse," J. H. Shields: "The New Courthouse," P. J. Nelson : "Our Old Bar," D. E. Lyon ; "The Bar of Today," \V. J. Cantillon: "The Profession," D. C. Cram; "Our Clients," G. W. Kiesel.
Late in 1893 it was found necessary to secure additional court- rooms. Delays and overcrowding the dockets had before this date caused much complaint and damage. It was shown at a bar meeting that in Des Moines there were three courts in session the year round, and it was argued there should be at least two here, and the salary of the judges should be increased from $2,500 to $4,000 per annum. The bar here, therefore, at a meeting where Judge Lacy presided late in December, 1893, formally asked for the above improvements, and further that the courts should be permitted to make up issues during vacation, and that the jury law might be amended. This year the judicial district was divided and Du- buque county became the nineteenth, with two judges. It required great effort to secure this result, but a powerful delegation visited the Legislature and in the end secured substantial relief, as above. There were on the docket at this time 213 civil cases. The railroad case of J. P. Farley was very important in 1893.
Judge Thomas S. Wilson died May 16, 1894, aged 80 years. He was born at Steubenville, Ohio, and was graduated from Jeffer- son College in 1833. Soon afterward he studied law and had Edwin M. Stanton for a fellow student, and in 1835 was admitted to the bar. In 1836 he married Anna Hoge and soon afterward went to Prairie du Chien, where his brother George was a lieutenant under Col. Zachary Taylor. On October 13, 1836, he and his wife came down the river to Dubuque for permanent residence. He was president of the first board of trustees of Dubuque and in 1838 became judge of the Iowa Territorial court. In 1846 he came within
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one vote of the United States Senate. The next year he retired from the bench and resumed the practice. He was associated with many lawyers during his long career. He was interested more or less in nearly all the most important cases adjudicated here. His services before the Supreme Court of the United States in 1853-4 in the Chouteau-Maloney case were never properly recompensed nor suitably appreciated by the subsequent population. He was again on the bench in 1852, but was retired in 1863. He served in the Legislature, was city, county and deputy United States district attorney, and was highly esteemed here, where he was so well known. He was married three times and left five children. At his death the bar held elaborate and imposing ceremonies in his honor. The address of W. J. Knight on this occasion was one of great beauty, sentiment and power.
In February, 1904. Judge O'Donnell held court in the county supervisor's room and continued there during the sessions of that year. In January, 1895. the new second judge-Husted -- also held court. The jury cases were tried by Judge O'Donnell and the others by Judge Husted. This year the code commissioners accomplished their duties.
Judge Husted encountered much opposition when he came to this newly created district. His appointment had been opposed by M. M. Ham, James J. Dunn and Senator Shields, the latter fighting him on the floor of the convention. "He ordered the tax provision of the mulct law enforced in Dubuque county and charged the grand jury to indict every dealer who didn't pay. He declared that he would intrust no lawyer with an estate and he ordered a raid on the gamblers." In court he called down a prominent lawyer, declared what he had said was false and ordered him to take his seat. He removed another lawyer from control of an office: ordered the county supervisors investigated : scored the Dubuque council and became very popular with the people, owing to his activity, reforms and undoubted honesty .- (Cor. Chicago Chronicle, in Dubuque Herald, January 9, 1896. )
In February, 1897, the Supreme court held that the mulct law did not apply to cities operating under a special charter. This decision left Dubuque at the mercy of the prohibitory law.
In January, 1907, the newly elected officers of the bar association were P. S. Webster, president; John Deery, first vice-president ; L. G. Hurd, second vice-president : John I. Mullaney, secretary ; A. P. Gibbs, treasurer. Colonel Lyon was president in 1906. The code committee were Judge Lenehan, William Graham, J. B. Powers, W. J. Knight and D. E. Lyon.
In December, 1898, there were fifty-one resident members of the Dubuque Bar Association ; four were not engaged in practice. N. E. Utt was president. In 1899 the new firm, Matthews, Lindsay & Frantzen was formed.
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Bowen (E. E.) & Fitzpatrick (T. J.), one of the strongest law firms here, dissolved partnership in January. 1904: they became associated in the practice in 1896. Mr. Fitzpatrick became county attorney and otherwise prominent.
In November, 1903, Judge Oliver P. Shiras resigned his seat on the Federal bench. President Roosevelt, upon accepting his resig- nation, said: "It is with great regret that I accept your resigna- tion. I cannot allow the occasion to pass without congratulating you upon the signal success which has marked your labors on the Federal bench, and I trust that the period of retirement, upon which you are about to enter and which you have earned so well, will be as full of usefulness to the nation."
In 1905 the grand jury returned 194 indictments and thereby broke the record: they were slot machine cases mainly. In Sep- tember, 1905. R. W. Stewart, who had practiced for many years, passed away and was followed by J. B. Powers in October. This year the old proposition to abolish grand juries was discussed pro and con in this county.
Early in 1905 several charges of unprofessional conduct on the part of certain lawyers, presumably in good standing, were circu- lated in the newspapers. This led to a meeting of the bar to take steps to investigate the charges. Mr. Gibbs was made chairman and G. T. Lyon appointed secretary. W. J. Knight, M. M. Cody and G. W. Kiesel, a committee previously appointed, reported that no tangible evidence to support the charges had been found. "From this we can draw no other conclusion than that the reports hereto- fore circulated of unprofessional conduct on the part of members of the bar have no foundation in fact," said the committee. At this meeting a motion by Colonel Lyon to continue the custom of the bar to attend funerals of deceased members in a body was voted down. Colonel Lyon said that thirty-six years before there were 1,800 cases on the docket and that he was on one side or the other of nearly all of them. The officers of the association for 1905 were J. P. Frantzen, president ; George Barnes, first vice-president ; P. J. Nelson, second vice-president ; H. C. Kenline, secretary and treasurer.
In February, 1908, William J. Knight, one of the ablest lawyers ever here, passed away. He was born in 1838 and was a native of Ireland. He was closely connected with the most intricate and diffi- cult practice of northern Iowa for many years. He was attorney for the Illinois Central Railroad Company.
From 1833 to 1836 the county judges of Dubuque county, Wis- consin Territory were Milo H. Prentice, John King and Lorin Wheeler. David Irwin was district judge in 1836 and Charles Dunn the same until lowa Territory was formed in 1838. Thomas S. Wilson served as district judge from July 4, 1838 to April 26, 1847; then James Grant served until May, 1852, James Burt to
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January 1, 1871, and J. M. Brayton until November, 1872. D. S. Wilson and Sylvester Bagg served also for short periods. The Probate court was created by the Territorial act, but was merged into the County court in 1852, which, in turn, became part of the Circuit court in 1868. Ezekiel Lockwood was probate judge in 1834; Joseph T. Fales from 1838 to 1839: Charles Corkery from 1839 to 1847: Valentine Glenat from 1847 to 1849, and William W. Hamilton from 1849 to 1852. William G. Lovell was first county judge in 1852, Stephen Hempstead the same from 1855 to 1868, when the court was abolished. The Circuit court held its first sessions in January, 1869. William T. Barker was first judge and served until 1872, when he died and David S. Wilson was appointed to fill the vacancy. He resigned in September of the same year to accept the office of district judge. having just been elected. He was succeeded by B. W. Poor, who served until 1873. He was succeeded by Sylvester Bagg. B. W. Lacy was elected to the same position in 1879 and served until January 1. 1874. The present judges are Fred O'Donnell and Mathew C. Matthews. The City court was organized in 1859 with Samuel Pollock as judge, but was abolished in July, 1862.
In 1909 the Dubuque lawyers were as follows: G. A. Barnes, E. E. Bowen, M. N. Cody, J. G. Chalmers. George Crane, P. W. Crawford. John A. Cunningham, Mathias Czizek, John Deery. T. J. Fitzpatrick, L. J. Flynn. John P. Frantzen, Andrew P. Gibbs, W. & J. B. Graham, John Hawe, Hurd, Lenehan & Riesel, Kenline & Roedell, J. W. Kintzinger, Lacy. Brown & Lacy, S. B. Lattner, WV. A. Leathers, Oliver Longueville. Lyon & Lyon, McEnony, D. E. Maguire, Henry Michel, F. L. Muekel, Millany & Stewart. P. C. Murray. Nelson, Duffy & Denison, Fred O'Donnell, Hubert O'Donnell, T. J. Paisley. Wells Rupert, H. F. Salot, James H. Shields, C. M. Thorne, J. B. & S. M. Utt, John R. Waller, E. H. Willging and W. S. Wright.
In 1909 John Glab and H. L. Buckley were judges of the city police court. Both were justices of the peace. At this time M. C. Matthews and Robert Bronson were judges of the District court. The United States Circuit and District courts met in the custom house, Judge Henry T. Reed presiding.
TOWNSHIPS, SETTLEMENT, ETC.
New Wine Township (township 89 north, range 2 west ) did not have an early existence as such, but was made a part of the Upper Catfish precinct and voters were required to poll their votes at John Regan's house. In 1839 it became a part of Hewitt's precinct. In 1843 what is now New Wine Township became parts of the town- ships of Liberty and Iowa, both of which then had much larger extent than in 19II (see elsewhere herein). In 1849 what is now New Wine was made the western half of Iowa Township. On January II, 1850, the present New Wine Township was given an independent existence.
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