USA > Iowa > Linn County > History of Linn County Iowa : from its earliest settlement to the present time, Volume I > Part 26
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Judge James II. Rothrock, of Tipton, was elected judge in 1866, and served on the district bench till in February, 1876, when he was, by the governor, ap- pointed to a seat on the supreme bench, which position he filled for over twenty years, when he voluntarily declined a further renomination. He, too. entered the Union army in 1862 as lieutenant colonel of the Thirty-fifth Iowa Volunteer Infantry, and served with credit till sickness compelled him to resign and come home. Judge Rothrock was not a learned man in the sense of having a college education or having possessed an extensive breadth of general reading in history or science, nor was he fluent of speech, or particularly adroit as a practitioner, but he possessed naturally good judgment, a most thorough common English education, a good knowledge of the law and its basic principles, a sound under- standing, with an innate sense of justice. He was patient and even tempered, dignified, and kind. He made a splendid nisi prius judge. His opinions were always plain, couched in good strong Anglo-Saxon, terse and sound, and will long bear the close and sharp criticism of posterity. Whenever he announced a principle of law, it was accepted without dispute as the law on the point in-
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volved. Judge Rothrock was a large man of fine physique, impressible presence, and very genial when off the bench.
The Hon. John Shane, of Vinton, succeeded Judge Rothrock on the bench of this district in 1876 and served till 1882, when he resigned on account of ill health. He possessed a much better education than did Judge Rothrock, and the scope of his general reading was not only broad, but judicionsly direeted. He loved the law for the very sake of it and never tired of investigating its ofttimes hidden mysteries. lle was well liked as a judge, was convivial and sociable to a degree.
The judges who have filled the position on the district bench since Judge Shane's retirement are many and able, but can scarcely be said to belong to the olden time.
Of the l'ew cirenit judges that held court in this county, we can say that they graced the position they filled with ease, but they belong rather to the present time than to the past age. But Judges Yates, McKean, and Hedges will long be remembered by the older inhabitants as capable, learned. and upright judges.
In the palmy days of the lawyers and judges described, the law libraries were meagre and the books few. There are probably now a dozen law libraries in the county, any one of which contains more books than were in the county in 1860, and there are some that contain twice or three times as many. The practicing attorney was then thrown more upon his own resources, and compelled to depend more on his own power of analysis and discrimination than at the present time. which doubtless made them stronger, more self-reliant, and resourceful. And the judges were called upon to decide rather how the law should be than how it had been pronounced to be by some other tribunal, which was no doubt strength- ening to them.
CHAPTER XXI
Chatty Mention of Beuch and Bar
The history of any community is not complete without a sketch of the mem- bers of the bar, for in the Temple of Justice every phase of human life is seen. "Here one hears the cry for vengeance and also the kind pleadings for mercy." The members of the bar, especially in the early day, understood publie opinion and discovered what men truly were and not what they were reputed to be. At this early day the lawyers were the tribunes of the people. They were men of brilliant intelleet and of intense passions, and in trials which created universal interest in the sparsely settled community they swayed the minds and hearts of their hearers in a remarkable degree. It was an age of oratory, and Linn coun- ty in that day had its quota of brilliant intellects who remained here for a shorter or longer period of time and in no small degree assisted in the upbuild- ing of the county and the state.
In order to make this sketch as brief as possible, and in an endeavor to pic- ture the men as they were, we shall attempt to give a little of the humorous side of their characters and follow in the footsteps of Channing who said "anee- dotes are worth pages of biographies."
Many of the early members of the bar were men of education and refinement, possessing a snappy humor that set courts and juries roaring. Many a long day's trial was brightened by some sally of native wit fresh from the frontier. These men were active in politics, were promoters of steamboat lines, stage companies, and paper railroads, who, in course of time, became legislatures, judges, and financiers. They all labored for the upbuilding of the infant state, where they had invested all their surplus means, having faith in Iowa's future. In every way possible they tried to upbuild its infant industries.
Linn county was set off by aet of legislature in 1837, while Iowa was then a part of Wisconsin Territory. In August Governer Lucas set off Johnson, Cedar, Jones and Linn counties in one legislative district. The attorneys from Linn county who appeared at Iowa City at the July term, A. D., 1847, were Isaac M. Preston, John David and Willian Smythe, all of whom beeame noted lawyers before that body later. The judges on the bench at this time were three well known Iowa jurists: Williams. Wilson, and Kimey.
The first court was held at Marion October 26, 1840, presided over by Joseph Williams, who had been appointed to the judgeship July 25, 1838. At this term of court, according to the records, there were present District Attorney W. G. Woodward. for the federal government, R. P. Lowe, prosecuting attorney, H. W. Gray, sheriff. T. H. Tryon, clerk, and L. Mallory, marshal of the district. On the first grand jury sat Israel Mitchell, founder of Westport, who had been appointed probate judge on January 16 of the previous year. The first justices in the county were: H. B. Burnap, John G. Cole, John M. Afferty, John Crow, William Abbe, and Israel Mitchell. Some of the first county judges were: Norman Isbell. Dan Lothian. J. Elliott, A. B. Dumont, and J. M. Berry.
During these early days there were two terms of court, one in January, and the other in June. The cases brought involved small amounts. but for the number of inhabitants of the county there was a great deal more litigation then than now. Some of the early lawyers in Marion and Cedar Rapids were: I. M. Preston, J. E. Sanford, N. W. Isbell. Isaac Cook, Henry Harman, William Smyth, J. J. Child,
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loe B. Young, Dan Lothian, C. M. Hollis, J. David. N. M. Hubbard, R. D. Steph- ens, Tom Corbett. George Greene. Israel Mitehell. D. O. Fineh, A. S. Belt. John Mitchell, G. A. Gray, and C. L. Murray.
Among the attorneys in practice during the early '50s in Cedar Rapids were the following: Henry Lehman, E. M. Bates. C. V. Tousley, J. J. Child, R. G. Welcher, D. M. MeIntosh, T. J. Dudley, Jr .. A. Sidney Belt, and Dan O. Fineh, the latter being also editor of the Progressive Era. In 1861 came J. Munger and N. R. Graham, and during the next year Edward Stark, who formed a part- nership with A. S. Belt. In 1862 came W. A. Dodge. During the early '60s George Greene and I. M. Preston were in partnership, Greene having an office in Cedar Rapids and Preston in Marion. Hubbard and Stephens were in partnership in Marion in the early '60s, Stephens running the law business while llubbard went to "the front."
The attorneys locating here in the '50s and `60s were engaged in railway promotion. in polities, and in booming towns, although they did not neglect banking and fire insurance. There were towns which had two or three lawyers in the early day which have none now, which would indicate that litigation in the early days was more profitable than later. In conversation with a number of the old lawyers this has been told, that the land business was the best paying law business during the pioneer days. It is also stated that much of the liti- gation in the early days was to defend horse thieves and other criminals. HEow true this is the writer does not know.
In the early days there was a class of people called "Terrorists" cansing the settlers much annoyance and trouble. They were a band of looters who came along to scare people by reporting threatened Indian attacks, and when the settlers had fled to a place of safety others of the band came along and looted the abandoned houses. The "Copperhead" movement also extended into this county during the early period of the war, and more or less litigation grew ont of this excitement
Among some of the well known lawyers of the pioneer days of this county who have played a more or less prominent part at the bar, in politics, and other- wise, may be mentioned John David and J. E. Sanford, who came to lowa in 1840. They were both bright men and had an exceptionally large practice in land titles. Any examiner of abstraets in this county will find Sanford's name frequently as holding much of this land, also that of II. W. Sanford, a relative. Thomas Corbett came from the east in an carly day. was one of the characters at Marion, and became a well known attorney. removing from lowa in a short time on account of his health. He became a hero soon after he married a well known lady in Marion whose people were well to do. As Corbett had nothing but brains for assets, one of the brothers of the bride did not like this marriage and came to the house of a friend just after the wedding with a party of young fellows to horsewhip the groom, who was not a very large man, but an active one. The groom was not at all backward about meeting his antagonist and gave him a thrashing to such an extent that he had no cause to forget it very soon, much to the enjoyment of the crowd who all took Corbett's side. It was not long until Corbett displayed great ability as an attorney, and became financially successful as well.
Norman W. Isbell located in Marion in 1842. being a native of Ohio. He served as county judge, in which position he rendered excellent service. In polities he was a whig. but when the slavery issue sent that neutral party out of existence. JJudge Isbell became a republican. In 1854 he became a partner of N. M. Hubbard, which partnership continned up to about 1860, with the exception of the time when he held office. In 1855 he was elected supreme judge of the state, resigning in 1856 on account of failing health. In September. 1862. upon the resignation of Judge William E. Miller. Governor Kirkwood appointed Judge
METHODIST CHURCHI, SPRINGVILLE
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HOME OF J. F. BUTLER, SPRINGVILLE
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CHATTY MENTION OF BENCH AND BAR
Isbell to fill the vacancy on the supreme beneh. He was elected at the expira- tion of the term, but resigned in 1864, removing to California on account of illness, where he died of consumption the following year at the age of forty-six. All the members of the bar proclaim Judge Isbell one of the keenest lawyers who ever practiced in this county, at least in that day. His applications of legal principles were sound and his illustrations apt and catchy. He was not a great jury lawyer in the true sense of the word, and perhaps not as well known among the masses as many others, but among the legal fraternity JJudge Isbell was looked up to as a safe lawyer and most excellent judge, who by hard study had attained to high rank among the jurists of this state. His son, N. G. Ishell, practiced a short time here, but removed to Michigan where he died many years ago, before reaching middle age.
Another lawyer of much ability and universally respected was Isaac Cook, a native of Chester county, Pennsylvania, who located in Palmyra, Missouri, in 1844, and later practiced law in Dubuque, and also in Marion, removing to Cedar Rapids in 1848. Ile was elected to the bench in 1857. Judge Cook was of a quiet turn of mind, a man who never gave a sidewalk advice which he had to take back. Ile was elected the first city attorney in Cedar Rapids in 1850, and was tendered a banquet upon his resignation from the bench in 1858. He was also the first president of a republican club organized in Linn county. Judge Cook died in 1878. honored and respected by all who knew him.
John Mitchell came from Maine in 1853, entered Judge Isbell's office, and was admitted to the bar in 1857. He was later a partner of Judge Smythe and Judge Lothian. Mitchell died a few years ago, one of the oldest practitioners in the county.
R. D. Stephens was born in New York in 1829, and came to Marion in 1855 withont means, but with a splendid training and with a lively interest for bus- iness. He entered the law office of Ishell & Hubbard, later becoming a partner of Judge Hubbard. Mr. Stephens at an early date became interested in politics, and later became famous as a commercial lawyer and financier. He died in Cedar Rapids as president of the Merchants National Bank, and was rated one of the wealthiest men in the county. His son, R. D. Stephens, Jr., is now a prac- ticing attorney in Chicago.
Joe B. Young was born in 1832 in Pennsylvania, and was admitted to the bar at Iowa City in 1853. He located in Marion and was prosecuting attorney in Linn county, a member of the legislature, and later a member of the state senate. and for a time pension agent for the state of Iowa. Joe Young was eross and crabbed in the court, frequently opposed the judge, as well as the opposing counsel, and displayed on many occasions bad temper, not to such an extent, how- ever, that he ever lost sight of his client's interest or his case. He was a stubborn legal fighter and was recognized as a great lawyer who never gave up until he had exhausted all his resources. He died in 1876, one of the best known attorneys in eastern Iowa, universally acknowledged the greatest wit and the most sarcastic in retort of any man who practiced at the bar. He saw only one side of a ease, and that was his side and he always maintained that, backed up by proof, there was no other side. Even in church matters he differed with the majority, and organized a new church, paying for it himself, so as to have things his own way. He was a most signal man in his profession, always a student, and seemed to know everything which would likely reveal where motives start and where the secret springs of conscience were in a long drawn out law suit.
D. M. McIntosh was a native of Sonth Carolina, and located in Cedar Rapids in the '40s. He was small of stature. with a ruddy face and long hair, making an imposing figure in the court room. Ile possessed considerable legal ability, had many friends, and was one of the best known men in Cedar Rapids. He died in 1859. mourned by a large circle of friends, who for years remembered how this
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brilliant son of the south had on many occasions lighted up the dull path of the law with a glow of fancy and spieed his remarks by the charm of frontier oratory.
Colonel J. M. May was another attorney who was well known in Cedar Rapids, and who located here at an early date, and after him May's Island is named. He was erratic and wasted a large fortune in litigation with his relatives and neighbors over rights of various kinds. He died in Cedar Rapids a short time ago.
I. N. Whittam was another of the pioneer lawyers who died a few years ago, having located in Cedar Rapids in 1854. He assisted Judge Greene in getting out "Greenc's Reports of lowa." He was in continuons practice up to the time of his deatlı.
Ellsworth N. Bates, coming to Linn county in the early fifties, was quickly known as the silver tongued orator of the Cedar Valley. Ile was the first city attorney, appointed in 1856, at $20.00 a year. Hle served till 1860. Mr. Bates won fame and honor as a lawyer and editor, and being a person of taet and force of character, he won many friends. His glowing tribute to the men who built the railway, at the June celebration in 1859, gave him prestige as a great orator. Mr. Bates enlisted in the Civil war and died from exposure a short time afterwards
George Greene, who died in 1880 at the age of sixty-three, was one of the best known men in łowa at the time of his death. Born in England. Mr. Greene educated himself in Buffalo, studying with George P. Baker. In 1838 he came to Davenport and began to make a geological survey of lowa. After he had worked for six months at this kind of work, which was not at all congenial, he located in Ivanhoe, Linn county, and taught the first term of school in that vicinity. In 1840 he was admitted to the bar at Iowa City, locating later at Mar- ion, where he began the practice of law. The next year he was sent to the legis- lature. Here he became acquainted with the prominent men of the state, and as the law business was not flourishing he removed in 1845 to Dubuque, and while nominally in the practice he became editor of the Miner's Express, which was then one of the flourishing papers of the territory. Three years later he formed a partnership for the practice of law with J. J. Dyer. In October. 1847. Judge Wilson resigned his office of associate justice and the governor filled the vacancy by appointing George Greene, who from that day to the day of his death became a figure of importance in politics as well as in financial affairs in Iowa. Judge Greene was a man of marked ability, having had excellent opportunities and being possessed of untiring industry. In 1848 he was elected one of the supreme court judges by the joint vote of the two houses of the General Assembly and served for six years from January 15, 1849. During his term of office he reported the decisions of the court. These decisions were published in four volumes and are known as "Greene's Reports of Iowa." In 1851 Judge Greene removed to Cedar Rapids, where he engaged in banking and where he was one of the most active citizens in persuading manufacturers to come to this city. He was instrumental in seeuring the Chicago & Northwestern, and the Burlington, Cedar Rapids & Northern Railways to pass through Cedar Rapids. In polities Judge Greene was a democrat until the Greely campaign, when he became a republican. Few, if any, have done so much among the early settlers in securing capital to be invested in lowa. Judge Greene travelled much and personally knew many financiers in this country and in England, many of whom invested much funds in farm lands, town lots, in bonds, and stocks, in Linn and adjoining counties. After locating in Cedar Rapids Judge Greene had a number of partners. While he, himself, did not devote himself actively to the law business, the firm generally had a large practice. lle was in partnership with Judge Hubbard, Cyrus Benley, A. S. Belt, and with JJudge Dudley.
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A. Sidney Belt was a southerner by birth, a person of much ability, of engaging manners, and well known in his day throughout Linn and adjoining counties.
Colonel Isaae M. Preston was born in Bennington, Vermont, in 1813, the son of a revolutionary soldier. He learned the trade of cabinet-making. At an early age he drifted west, remained for awhile in Ohio, and finally located in Marion in 1842, where he began the practice of law. Three years later he was appointed distriet attorney, serving two years. In February, 1846, he was eom- missioned eolonel to organize troops for the Mexican war. He served as probate judge of Linn county for four years. He was appointed by President Polk, United States attorney for Iowa in 1847. In 1850 he was elected to the house of the Third General Assembly, and after serving one term was elected to the state senate where, during four years in the Fourth and Fifth General Assem- blies, he was one of the most prominent legislators of that body and took an active part in the enaetment of the Code of 1851. Colonel Preston had more litigation in his day and generation than any one person in this and adjoining counties. He was strong before a court, tactful and invineible before a jury, and especially in the defense of eriminal eases he had no superior. The bar of Linn county dur- ing the early days was one of the strongest in the state, and Colonel Preston during his long and active practice before the supreme court, held a high place and was recognized as one of the leading attorneys of eastern Iowa, a position to which he early attained and which he continuously held up to the time of his death.
William Smythe was born in Tyrone county, Ireland, in 1824. He emigrated with his parents at the age of fifteen to America and located in Linn county in 1840. He studied law at Iowa City, and in 1848 opened an office in Marion. In 1853 he was appointed judge of the fourth judicial distriet, serving four years. In 1858 he was chosen by the Seventh General Assembly one of the three eom- missioners to revise and codify the laws of the state. This work was accepted by the legislature and beeame what is known as the "Code of 1860." Judge Smythe was also appointed npon a commission of legal inquiry, and was one of the com- missioners to negotiate bonds by the state to provide a war defense fund. He served two years in the army as colonel of the Thirty-first Iowa Infantry. In politics Judge Smythe was a republican, and from the beginning of his legal career he took more or less interest in polities. In 1868 he and Judge Hubbard were the republican candidates for congress, a campaign which was waged with mueh bitterness, so much so that friend turned against friend and neighbor against neighbor. It is said that a few days after Hubbard's defeat he met a shoe-maker on the street who had been a former friend but who had been persuaded to vote for Smythe, and Hubbard said to him, "Jack, you will not need to buy any bristles any more, just reach your hand over your shoulder and you can pull them out of your baek, for there is nothing about you but a hog anyway."
After Judge Smythe's nomination William Leffingwell was put up by the demoerats to beat him, Leffingwell being one of the noted orators of the state. but Judge Smythe was vietorions. He attained to a high place as lawyer and as a constructive statesman. He possessed a profound intelleet, was popular among the masses, and a just and honorable man. He passed away when he had just reached middle life, one of the ablest and most versatile men in Linn county at the time of his untimely death.
Judge N. M. Hubbard, who was a unique character and one of the best known men in Iowa for many years, was born in Oswego, New York, in 1829, the son of a Methodist minister. He was reared on a farm and began life as a black- smith, although later he obtained a university education. Judge Hubbard lo- cated in Marion for the practice of his profession in 1854, later removing to Cedar Rapids. In February, 1856, he was a delegate to the state convention which met at Iowa City, where he helped to organize the republican party. During the war
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he assisted in organizing the Twentieth Iowa Volunteer Infantry, in which he was «hosen a captain, serving under General F. J. Herron. In March, 1863, he was promoted to judge advocate and served in the army until he was breveted major in 1865. This year he was appointed district judge, resigning after having served a year, to aceept the position of general attorney for the Northwestern railroad in the state of Iowa.
The sayings of Judge Hubbard would fill a book of many pages, but many of them would need to be sterilized before put into type. Many of these witty remarks are still repeated during a lull in the court room when stories take the place of dry faets. He was truly an original character. not only as a political man- ager of a great political party, but as railway counsel, and as a person who filled a large place in the political arena of lowa for many years. A few of these say- ings may give the reader an idea of the man as he really appeared during these years of his political and legal career in lowa.
At one time being asked how a new assistant behaved who had been appointed local attorney for the railroad of which Hubbard had charge, he replied, "Tim is a real bull in a china shop; what he don't smash he dirties."
Speaking at one time of a technical lawyer, he added, "here is my friend J. he is so technical that he will fall all over a crowbar to hunt for a pin and not even see the crowbar, mind yon."
While judge on the bench, some pompons doctor who was a witness asked leave to go home to look after his patients, and the judge quietly replied. "Yon had better stay here so as to give your patients a chance to get well."
At another time an attorney who had formerly been governor got the worst of it in Hubbard's court, and he appealed to him as a man and friend, saying that the judge evidently must have forgotten that he held his position due to his appointment while governor. JJudge Hubbard coolly replied, "Yes, I remember that very well as being the only decent act of your term of office." and went on ruling against him as he had before.
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