USA > Iowa > Linn County > History of Linn County Iowa : from its earliest settlement to the present time, Volume I > Part 25
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Johnson explained his being there in this wild region by saying that he had participated actively in the Canadian patriot war against the Dominion of Can- ada, that the attempted revolution had failed, that he had lost all his property by it, and had been driven and chased all through and among the Thousand Islands of the St. Lawrence river in his boat with his daughter Kate, that a reward had been offered for him, that he had given up all hope of success and determined
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to seek safety and quietude by coming to this country. All this seemed plaus- ible, as I heard the brave deeds of the patriots rehearsed in song and poetry. But in escaping that trouble he ran into the jaws of another at the ontset. It seemed that in coming into a strange neighborhood, instead of making the people his friends by coneiliation and prudent conduct, he got into tronhle at the start by taking possession of the claim of one of the Bennett party. They remonstrated and he promised to pay for the claim, but never did, though Johnson elaimed that the trouble was about the location of the county seat. Not long after I was at his place, after giving him notice, they determined to oust him. They took him ont in the brush and gave him a very severe flogging, loaded him and all his belongings into sleds and sent him out of the country. He applied for aid at Marion and Dubuque, and Surveyor General Wilson, a New Hampshire man, took him and his daughter Kate to Iowa City, in his fine Boston made sleigh, to inter- est Governor Chambers in his behalf. When the hostilities came to an end, the result was disastrous to both parties. Bennett became a fugitive and his mill building was stopped. Johnson was shot. Kate found her a loving, trusting husband. Hosea Gray made considerable money ont of it; Ormus Clark, the first permanent settler of Central City, spent a lot of money for defense, and Colonel Preston laid the foundation of his splendid fame and fortune as a nattorney from it.
The public land sales had been advertised for this winter and the people were illy prepared to go to Dubuque to enter their claims on account of the deep snow, some for scarcity of clothing, and all for scarcity of money. Many had saved their last 121% and 61% cent silver coins and their 5-franc pieces to make up the necessary sums. In view of the difficulties in the way, a mass meeting was held, and George Greene was appointed a special agent to go to Washington City for the purpose of having the land office removed to Marion. He went and saw the commissioner of public lands; he saw Stephen A. Donglas, chairman of the committee on publie lands, and President Tyler. and came back with an order for the temporary removal in his pocket, which I doubt if any other man could have done. He stood luminous among all the bright men who first settled in Linn county, or the territory either. The people of Linn county, and of Cedar Rapids especially, should ever remember his labors and efforts in those early days which brought them prominence and prosperity. All now acknowledge Linn county to be without a peer and Cedar Rapids is the best interior eity in the state, except Des Moines with its immense coal beds.
The land office was located in the first, and then only brick house in Marion. Judge Berry afterwards dispensed boundless hospitality in it. It was built and owned by William H. Woodbridge, or "Democ Woodbridge," a very enterprising young man. He was one of five from this county who enlisted in the Mexican war. He was with Scott's army of invasion and the Mexicans "welcomed him with bloody hands to a hospitable grave." Another of the five, Major MeKean, as he was then known, who was a member of the first constitutional convention in 1844, and later a brigadier general in the union army, lies buried in the Marion cemetery. Another of the five, Captain Sausman, who gallantly bore the flag at Chepultepec, died in California. Captain Gray is alone, and alive and likely to be. as you would think if you could see him running an intricate surveyor's line through a section. The fifth one, Samuel D. Thompson, is with ns amply provided tor in his declining years by a munificent government, in recognition of his military service in nearly all the wars since the time of Anthony Wayne, and as the old song says :
"There is no more work for brave old Joe,
He's gone to the place where all good soldiers go."
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The land sales drew large numbers from all the surrounding country, and made lively times here. Joseph F. Chapman and Oliver S. Hall, Sr., hotel keepers, flourished. Those who had the money got titles to their lands, and those who had not still held their elaims until such time as they could enter them at private sale. In the spring the land office was moved back to Dubuque.
In 1844 the first constitutional convention was held at Iowa City. The eonsti- tution failed of ratifieation. In 1846 another convention was held and the state fully admitted under that with our present boundaries. Iowa was then the most western state, and a line drawn south from Sioux City, its western limit, would have run further west than any other state or territory, except Texas, which was annexed the year before. It now occupies a conspicuous central po- sition in the American union, and a leading one in agricultural productions. It is honored with two members of the president's cabinet and the most influential member of the American senate.
After our acquisition of California the waves of emigration westward began. sweeping over the great American desert, as it had been called, planting agri- culture and industry in its path, foreing its way through the mountain passes and over the sun-dried plains, to the Pacific ocean at the Golden Gate, where floats the commerce of oriental Asia.
"No pent up Utica contracts our powers ; The whole of this boundless domain is ours."
When I look in the faees of this multitude I see before me but few who were men and women grown when I first came here. Some of you gray-haired ladies and gentlemen were then. as the Indians called them, petite squaws or skinneways. Your fathers were Niseshin Shomoko men. But I think searcely more than a dozen are now living in this eounty who were then men and women. And
"I feel like one who treads alone A banquet hall deserted, Whose musie is hushed, whose guests are gone. And all but me departed."
5
ISAAC BUTLER Pioneer Resident of Springville
CHAPTER XX Early Linn County Lawyers and Courts
BY JUDGE MILO P. SMITH
Fifty years ago the judiciary of this county, as well as of the entire country, was quite different from what it now is. There were but two terms of court in a county, and Linn being a large county, terms here lasted about two or three weeks. In the smaller counties, one week or less was sufficient for the transaction of all the business. The grand jury was composed of fifteen inen instead of five or seven, as at present, and twelve out of the fifteen had to coneur in order to find a bill of indictment. At present the concurrenee of a less number than the whole is sufficient. The members of the grand jury selected their own elerk from their own number. They had no authority to aet on the minutes of the examining magistrate, but it was obligatory on them to have the witnesses before them, and to examine them personally.
There was no official shorthand reporter to take down the evidence on the trial of eases in court. If the attorneys desired to perpetuate the testimony, or any part of it, they either wrote it down in long hand themselves, or selected some out- side person to do it; generally some young lawyer. And sometimes the judge would make the only minutes of the trial that were kept. From these imperfect notes, however taken, the judge was required to determine what should go to the supreme court when he came to settle the bill of exeeptions : no easy task. When court opened on the first day of the term - which was done with great out- ery -- the judge at onee empaneled the grand jury, and then proceeded to make what was called a "preliminary" call of the calendar, at which eases that were not for trial were dismissed, continued, marked settled, or otherwise disposed of. When that eall was completed. he then made the "peremptory" eall, and all eases that were for trial were then disposed of as they were reached. There was no assignment of eases for trial as now practiced, but the lawyers had to be ready in each case when reached.
Court week was generally regarded by the people as a sort of a pie-nie or holiday, and they came in from the country for several miles around to hear the lawyers spar with each other, and eatch the "rulings of the court." The court room was generally packed with listeners. Then politieal meetings were generally held during that week when everybody was there and lawyers ready to do the speaking; and they furnished fine entertainments indeed.
The bar of Linn county in the early fifties was an unusually strong one. said by some to be the strongest in the state. There were Judge N. W. Isbell, Judge Isaac Cook, Judge George Greene. Judge William Smyth, and Col. I. M. Preston. A little in the rear of the above worthies were N. M. Hubbard, R. D. Stephens, Wmn. G. Thompson, J. B. Young. Thomas Corbett, and J. W. Dudley. Exeept Judge Greene and J. W. Dudley. all of these persons lived in Marion.
N. W. Isbell, the first county judge in this county, was selected by the legis- lature in 1855 as a member of the supreme court, and filled the position with honor and eredit to himself and the state for several years, and was afterwards appointed judge of the district court during the Civil war, but resigned both positions on account of ill health. He was a very learned man and a profound lawyer. He greatly enjoyed the investigation of legal questions,
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possessed an acute and analytical mind. and one richly stored with the results of historical and general reading. In the practice he was not partial to jury trials, much preferring the presentation of legal questions to the court. Ile had quite an aptitude for affairs, and became successful as an enterprising railroad builder, projecting the old "Air Line" Railroad, the pioneer of the present ronte of the C., M. & St. P. Railway across the state. He left a comfortable estate to his family, dying about the year 1865. He was of small stature and insignificant in appearance, but with a large head, though small features. Indeed he very much resembled the Hon. Wm. HI. Seward in face, head, and stature. Ile was rather of an irascible temperament and consequently easily thrown off his bal- ance - but no member of the bar was more highly respected than was Judge Isbell for uprightness, honesty of purpose, general intelligence, deep reading in general literature as well as in the law ; and his blameless life made him a beloved citizen.
I omit further mention of Judge Greene as there is elsewhere in this work a lengthy sketch of him.
Isaac Cook was born and raised in castern Pennsylvania and became the possessor of a sound education as a basis for the legal studies he afterward pur- sued. Ile served quite a while on the district bench, and was there noted for the care, time, and fairness he devoted to the cases he was called on to hear and decide. Ilis mind was not so quick or rapid in its movements as some others. but it was very accurate in its conclusions. He was a fine chancery and corpor- ation lawyer, and no better pleader over drew a petition than Judge Cook. He was for many years toward the close of his life general counsel for the predecessors of the C. & N. W. Railway Company and the lowa Railroad Land Company in the state of Iowa. Though he had an office first in Marion and then in Cedar Rapids, he always lived on his farm just south of the former place, in a plain, comfortable brick house. He was a broad shouldered, stock-built man of a dark complexion, and chewed an immense quantity of tobacco. He had, we believe, more practice in the supreme court of the United States than any other lawyer in Iowa in his day.
William Smyth, first county attorney of Linn county, was appointed judge of the district court to succeed Judge J. P. Carleton about the year 1854, when he was but thirty years of age. Ile was regarded as an ideal judge. He was of Scotch-Irish descent. and had received a thorough education when young. Ilis education was perhaps more thorough than broad, owing no doubt to his early surroundings. His legal lore was as near exaet and profound as was possible. and covered completely the whole eirele of legal learning. One who knew him well said, that in commercial law, the law of real estate, and in pleading. he had no superiors and but few equals in the state. Ile was a trial lawyer in the fullest sense of that term. Careful in the preparation of his cases, methodical in the introduction of his testimony ; and in his presentation of his client's cause to a jury. his arguments were close and convineing, logical if not eloquent. He was, perhaps, after his retirement from the district bench, generally regarded as the head of the bar of the county. His knowledge of the affairs of the nation, and the principles of our government was most exact and comprehensive. For wealth of general information, profundity of legal learning, and urbanity of manner and dignity of deportment. he was not surpassed by any man in the state. Indeed he was early recognized as one of the leaders in affairs as well as of the bar of the state. He and the firm of which he was a member had the largest practice and the best clientage in the county. His practice extended to many of the neighbor- ing counties, such as Benton, Tama, and łowa, where he had local partners, and where he attended the terms of court. He was a valuable member of the com- mittee that revised the laws of the state as embodied in the Revision of 1860. He was offered a place on the supreme court bench but declined it. He was a
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delegate to the Republican National Convention at Chicago in 1860 - having been a democrat before the slavery question gave rise to the republican party, he naturally sided with Governor Chase, whose politieal path led in the same direc- tion as his own, and gave that statesman his earnest and persistent support in the convention, voting for him to the last as his choice for president. He was a formidable competitor of Governor James W. Grimes when the latter was elected to the United States senate in 1858. In 1868 he was elected to congress from this distriet and died while such member in 1870, at the early age of forty-six. Of all that goes to make up a first rate man and eitizen - intelligence, ability, industry, perseverance, honesty, and morality, he was in full possession, and en- joyed the confidence of the people to a greater degree than any other eitizen in the county. He was patriotic and brave and served during the war of the rebellion as eolonel of an Iowa regiment, and while so serving, he contracted the disease that caused his early death. He was the fortunate possessor of a splendid frame, being nearly six feet in height, and had a large, well formed head - his carriage erect and movements stately and deliberate. He was a model christian gentleman, courtly and polite, with a winning personality. Hle too was a man of affairs and left a comfortable estate to his family.
Colonel I. M. Preston. born in 1813, was in many respects a remarkable man. Thrown on his own resources when quite young, he learned the trade of carpenter and joiner, but read law while working at his trade, was admitted when about thirty years of age, came to Marion, opened an office, and at onee took a position in the front rank of trial lawyers. He was particularly successful as a criminal lawyer. He possessed a very quick, subtle, and keen mind, and was remarkably resourceful in expedients in the trial of eases. Some lawyers were better pleaders others more learned in the law, but none more apt in furnishing the faets to fit the case, and but few, if any, exeelled him in marshalling those faets in his pre- sentation to the jury. In time he acquired great fame throughout the state as a lawyer and publie speaker. He was early appointed district attorney for the distriet in which he lived, and in 1846 was commissioned by Governor Clark colonel of an Iowa regiment of militia. IIe also served as county judge of Linn county, and at different times served in both branches of the legislature. He was the father of Judge J. H. Preston and E. C. Preston, both members of the bar, and residents of the eity of Cedar Rapids.
N. M. Hubbard, later known as Judge Hubbard, was certainly the most bril- liant and noted lawyer that ever lived in or graced the bar of this county. He was appointed in 1865 judge of the distriet court, and served till January 1, 1867. With a mind keen, bright and Inminons, a sound understanding, a rich store of observation, an unparalleled command of language, a readiness in repartee, and unlimited power of invective, he was unsurpassed by any man in the state, and by but few in the nation. He was for thirty years general attorney for the C. & N. W. Railway Company in Iowa, and upon his death left a generous estate.
Hubbard's early partner, R. D. Stephens, while a good lawyer, was certainly a past master in finanee, and was better known as a banker than lawyer. He established the First National Bann at Marion, and the Merchants National Bank in Cedar Rapids. He died several years ago, quite wealthy. Both Hubbard and Stephens came to Linn county from the state of New York in 1854. In the polit- ical campaign of 1856, Hubbard edited the Linn County Register, predecessor to the Marion Register.
Major J. B. Young was probably the possessor of the best education of any of the lawyers of his time, and was a well read lawyer, a strong advocate. careful and painstaking, but unfortunately possessed an irritableness and quickness of temper that was not ealeulated to advance the cause of his elient in a law suit. He died when comparatively young, when on his way home from California where he had gone on account of his failing health.
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W. G. Thompson, better known as Major Thompson or Judge Thompson, still resides here at the ripe old age of eighty-one. But few of the present generation know all there is about Judge Thompson. Born and reared in the state of l'eun- sylvania of Seotch parentage, with a fair academical education, admitted to the bar when a little past twenty-one, he came to Linn county in 1853, and at onee leaped into prominence as a lawyer and politieian. In quickness of mind, versa- tility in extremity, readiness of retort, flashings of wit, volubility of speech. touches of pathos, flights of eloquence, and geniality of disposition, and popular- ity with the masses, he had no superior in eastern Iowa, if he had an equal. It has been said of him that he could sit down to a trial table in a case of which he had never before heard, and try it just as well as though he had had months of preparation. He has been county attorney, state senator. presidential elector. major of the Twentieth Jowa Volunteer Infantry, district attorney, chief justice of Idaho, member of the legislature, member of congress, and judge of the district court. And in filling all of these positions, he has served the people faithfully and well. And in private life and as a practitioner he has surely been "a man without a model and without a shadow."
J. W. Dudley lived in Cedar Rapids as Thomas Corbett did in Marion. They were both careful, pains-taking, and judicious lawyers, not particularly noted in any special respect, but safe, sound, and trustworthy. They have both been long sinee dead.
J. J. Child and I. N. Whittam were also members of the bar in the early '50s. They both lived in Cedar Rapids. Judge Whittam was noted for his industry, care and patienee in regard to any matter in which he became engaged. He did not claim to be a man of mark or a great lawyer, but certainly acquired and retained the confidence as an advisor of many of the best citizens in Cedar Rapids and vieinity.
J. J. Child, long since dead, was said by those who knew him best to be one of the best lawyers in the state. Though not an advocate, his learning in law was wide and deep, and no elient ever made a mistake in following his advice. Unfor- tunately his habits of life seriously impeded the good results that could have flowed from such a prolific sonree.
After these, came others to fill their places, but the most of them are here now, and have received special reference and personal mention in these pages.
The entire state in 1857 was divided into twelve judicial distriets, with one judge in cach district. Accompanying the act was the constitutional provision that new districts could not be created oftener than one new distriet in four years. Within about ten years the business in court became so congested that relief was necessary and was sought in all directions. Finally, in 1868, the legislature passed a circuit court bill, which by its terms divided every distriet into two cirenits and provided a judge for each eirenit. The circuit court had concurrent juris- dietion with the district court in all cases at law and in equity, and sole jurisdic- tion in probate matters and in appeals from justices of the peace, but it did not have jurisdiction in criminal cases. The same legislature abolished the county court that formerly had jurisdiction of probate matters. In further defining the duties and powers of this court. the law created what was called a general term, to which all appeals from, and application for the correction of errors by the dis- triet and cirenit courts would lie. The personnel of that court consisted of the judge of the district and the two circuit judges, and it sat twice a year. In this district one of the sessions was held in Marion and the other in Iowa City. The district comprised the counties of Jones, Cedar. Linn, JJohnson, Benton, Iowa, and Tama. The first three counties constituted one eireuit, and the latter four the other one. The limitation of the right to appeal when the amount in con- troversy was less than one hundred dollars was then passed. An appeal finally lay from the decision to the general term of the supreme court. When a case was
PUBLIC SCHOOL AT SPRINGVILLE
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EARLY LINN COUNTY LAWYERS AND COURTS
decided at the general term, the judge to whom it was referred for a decision wrote out the decision in an opinion as the supreme court judges do, but the opinions were not reported in the books.
The next legislature materially changed the law. It abolished the general term and consolidated the two circuits, cutting ont one of the judges - cach court retaining the jurisdiction it had - and provided for appeals directly to the su- preme court.
Then in 1886, the constitution of the state was radically changed by a vote of the people so that the limitation on the number of judicial districts and num- ber of judges was removed. The circuit court was abolished, the office of district attorney was abolished, and that of county attorney ereated. There was a pros- ecuting attorney for each district before. The legislature then created as many districts as was thought necessary, and as many judges to a district as were deemed sufficient to transact the business. This law is still in force. This became the new eighteenth judicial district, composed of the counties of Linn, Cedar, and Jones, with three judges.
The first distriet judge for Linn county after the adoption of the new consti- tution in 1857, was Hon. William E. Miller, of Iowa City, and Isaac L. Allen, of Toledo, was elected district attorney - this in 1858. Allen was afterwards at- torney general of the state.
Judge Miller was well equipped for the position. With a thorough common school education, and having been a practical machinist when young, and with strong common sense, he had a naturally good judicial mind that had been im- proved by careful study and years of practice in the law. He came to the bench an intelligent, fair, and courteous judge. He resigned in 1862 and entered the Union army as colonel of the Twenty-eighth Iowa Volunteer Infantry. He after- wards served as circuit judge and finally as supreme judge of the state. From the resignation of Judge Miller till January 1. 1867, the district bench was graced in its occupancy by Judge N. W. Isbell, C. H. Conklin, and N. M. Hubbard.
Judge Miller was a broad-shouldered, short, squatty fellow, and though a good lawyer and jurist, he was an indifferent advocate, and not particularly strong as a trial lawyer.
Judge Conklin was probably the most scholarly, accomplished and profound lawyer that ever sat on the district bench in this part of the state. His home was in Vinton, and while he lived among the people there he did not seem to be of them. Ile was a strong. tall, raw-boned man, always carefully dressed, with a most marked intellectual face, and he was certainly one of the most eloquent advocates that ever stood before a jury in eastern Iowa.
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