USA > Iowa > Linn County > History of Linn County Iowa : from its earliest settlement to the present time, Volume I > Part 27
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On a hot June day Hubbard was trying a case against John Weare, one of the old pioneer bankers of this county. There was a Iull in the proceedings, and as the jury was walking out of the court room Weare pulled out a large red hand- kerchief to wipe the sweat from his brow, when Hubbard in his peculiar articu- lation, for which he was noted, piped out, "John, it makes you sweat to tell the truth, don't it?" The erowd laughed, and the cutting sarcasm was never for- gotten or forgiven by the aged banker, who was at the merey of his old antagonist.
During one of the many political campaigns a Des Moines paper aecused Hubbard of giving away five hundred tickets to delegates. He was asked by a friend about this and Ilubbard replied. " That is a lie. I gave away eleven hundred tickets this year, that is all."
During the Parrott fight for the governorship of Iowa, Hubbard at first sup- ported his old friend, but when he saw the turn affairs were taking he suggested that Parrott withdraw, but the candidate refused. adding that he had so many delegates pledged, and furthermore felt that he had Providence on his side. Hubbard simply replied, "Well. you can take to Providence and I will take to Shaw."
While arguing a case before the supreme court, the opposing counsel had pounded the table a great deal during his lengthy argument. When he con- (Inded, Judge Hubbard arose to reply in the following little speech: "I am strong. I can pound this oak table to pieces for I have been a blacksmith in my time. and I will pound this table into splinters if you say and if it will help me to win this suit." Ile went on in this manner until the members of the court laughed, and even the opposing counsel saw the ridiculousness of his performance.
During one of his last appearances in court he was called by the opposing eoun- sel an "old mossback who might have been a great lawyer, but that was many
METHODIST CHURCH, PALO
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CHATTY MENTION OF BENCH AND BAR
years ago." When the lawyer coneluded all eyes were turned on the old judge. As he arose to reply he said : "True, I am old and not what I used to be, and I suppose I am fast getting to be an old mossbaek." Then he went on telling of the old lawyers he had known at the bar in Iowa in the early day. He spoke of the methods of the old advocates, and of their bitter politieal fights, then added, "They never tried to bolster up a witness, defraud an antagonist, or blackmail a client as they do now, and if the real up-to-date lawyer must do such a thing in order to become great and prominent. then I thank God I am an old fogy of a lawyer and belong to the former generation."
Judge Hubbard at one time abused Bill Harper most unmercifully in a suit. and Bill Harper threatened that he would maul Hubbard into a dish of jelly at sight. The judge one day appeared in court shortly after the trouble, when Major Thompson said, "Judge. Bill Harper is looking for you." The judge looked around, for he feared Harper, and not seeing him, replied in somewhat of a gusto, "I saw him in the park and if he had done anything to me, he would never have been Bill Harper at all, he would have been dead."
At another time while the judge was defending a railroad company in a damage suit involving a large amount of money a colored man had sworn positively to faets in a ease which everyone thought he knew nothing about. In the trial of the case the judge turned to an old friend, and a "Copperhead," saying, "I am glad there are some Copperheads here; 1 fought to free the nigger, I stood up to be shot at, now, by gosh, I am a Copperhead. A man who will swear in court like that nigger did today ought to be a slave and should never be free."
Judge James II. Rothroek was a native of Pennsylvania, and as a mere lad removed to Ohio where he aequired his education at Parker's Academy and at the Franklin University. He was admitted to the bar at Greenfield, Ohio, removing to Tipton, Iowa, in 1860. He was elected to the house of representatives in 1861 and was elected speaker pro tem. He entered the army as lieutenant, and upon his return from the army formed a partnership with Judge W. P. Wolf, which lasted until he was nominated for judge of the eighth judicial district in 1866. He performed services as judge in that district with ability and impartiality. He was serving his third term when he was appointed to the bench of the supreme eourt.
A few stories may be related of Judge Rothrock which in a way illustrate his wit and exemplary character :
Judge Rothroek had been trained in the general principles of law and did not go mueh on statute law. At one time he was one of a committee to examine a' number of persons for admission to the bar, and a young, bright fellow seemed to have committed to memory much of the statute law of the state, but knew nothing of general principles. The judge quietly said to the young man, "You surely are in a bad way, my friend, because the legislature might in a night repeal all the law that you know."
At another time he was on the beneh in Linn eounty when George W. Wilson. as receiver, brought in a wagon load of books to prove up a eertain assignment. Judge Rothroek asked why all these books were brought in, and Wilson replied, "To show up the receivership in the case, your honor." The judge smiled and said. "Don't you think this failure was due to too much bookkeeping ?"
At one time as he was assigning cases, and not being familiar with some of the members of the bar, Tom Corbett appeared in a case assigned for trial. The judge quietly asked Mr. Corbett's name and as Mr. Corbett arose to speak Judge Hubbard blurted out, "Jot him down plain Tom, that is enough." Mr. Corbett blushed erimson, whispering to another attorney that he would get even some day. Judge Hubbard many times afterwards became the prey to Corbett's heartless raillery, his sharp retorts, and pungent wit.
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HISTORY OF LINN COUNTY
At one time there were a number of lawyers engaged in a hotly contested will matter where Judge Rothroek presided, and as the attorneys talked back and forth across the table and there was more or less disturbance in the court room, the judge leaned quietly over, saying in a very pleasant manner to one of the lawyers who had done most of the quarreling, that he did not see why he was sitting there. The attorney quick as a flash replied, "You've got me now, Judge, I don't know."
After his retirement from the bench Judge Rothrock was frequently called in to assist other attorneys in the trials of equity eases. It became a standing joke among the members of the bar that when they found cases in which Judge Rothrock had written the opinion which held just the opposite of what he was eon- tending for, they were certain to rub it in, mueh to the judge's embarrassment.
While Judge Rothroek resided at Tipton he came up to Marion to preside over a term of court and as there were but few persons around he asked the bystanders if there was anything doing this term of court, to which they replied that they did not know. He said, "Is Doty here," and they replied that he was. Then he asked, "Is Harper here?" and they said he had been present for the past day or so. Then he said, "Bailiff, take my grip and coat, there will be something doing this term of court ; I guess I will stay awhile."
It was Judge Rothrock who made the famous entry of record in several cases after Doty and Harper had fonght for thirty years, "settled by agreement, each party to pay his own costs, peace declared, the same being duly ratified by the eourt." During these years Harper had lost everything he had, and Doty was content to have his lawyer share the ineome out of an eighty acre tract of land and thus felt that he came out about even. He figured that the lawyer got the better half of the income of this farm during all the years the litigation continued.
In 1876 Rothroek was appointed member of the supreme court. He removed to Cedar Rapids, where he resided until his death in 1899. For thirty years he was a member of that body and materially assisted in laying down many sound legal principles which courts in the west have sinee followed.
Judge Rothrock was not known as a brilliant judge, but was profound, and a man endowed by nature with the judicial temperament which so well fitted him for the bench. His opinions have always been known for elearness of apprehen- sion, tempered by integrity and impartiality.
J. J. Child, a native of the state of New Jersey, drifted into Cedar Rapids in 1854 for the practice of his profession. He was a large man, somewhat stooped, of scholarly attainments, and besides had more than ordinary native ability. Few, if any, excelled Mr. Child in knowledge of legal principles and their appliea- tion to existing facts, although many exeelled him in the court room and before juries.
J. J. Child, J. J. Snouffer, and I. N. Whittam were instrumental in obtaining the special charter for Cedar Rapids in 1856. In the municipal affairs of Cedar Rapids Mr. Child held many offices up to the time of his death in 1889. Ho possessed talents of a very high order, but his mode of life lessened his influenee in the community. Capable of most any position, he achieved little or no success, and died poor and unknown, because the baneful influences of drink sapped his vitality and ruined a brilliant intellect.
One of the most original characters in the '70s was Jerry Lynch, who had practiced law in Benton county before coming to Cedar Rapids. Mr. Lynch was resourceful as a lawyer, had a keen sense of humor, and possessed a great deal of ability. It is said that when Jerry had two glasses to the wind he was in his element, especially in defending a criminal, for it is said of him that "he always denied everything and asked for proof." At one time he was prosecuting certain persons and realized that he had no proof. The rain was pouring down, and as he looked out of the window he said with all the dignity of a judge, "Your Honor, on account of the inclemeney of the weather I dismiss the case."
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CHATTY MENTION OF BENCH AND BAR
At another time he was opposed by several lawyers who made fun of his partner's miltary record. There is nothing that so touches the Irishman's heart as an exhibit of disloyalty, and Jerry arose to reply, saying, "My friend on the other side laughs at my co-counsel's military record. Let me tell you what he did during the war. He sat on top of the northern mountain peak of Vermont with his breeches padded ready to slide into Canada at the first intimation of the draft." There were a number of soldiers on that jury and it is needless to say that Jerry won his case, regardless of the legal questions involved.
Mr. Lynch at one time defended a saloonkeeper, and was waiting his turn as Judge Shane passed sentence of "guilty" upon one after another. Jerry arose to speak for his client saying, "It is an unpleasant duty I am called upon to perform. I defend the worst saloonkeeper in Cedar Rapids. He runs the worst hole-in-the-wall in Cedar Rapids, and I have been in there myself and I am ashamed to tell your honor that it is so. I am not defending mny client, for he is a law-breaker and everybody knows it." And he went on telling about the de- praved individual who ran the saloon, and then he began : "I am not defending the saloon, I would not be here for that, but that man has a wife and children, and as nice children you ever did see." Then he went on telling about the kindness of that wife who was mistreated by a drunken brute of a husband till tears came into many eyes in that room. The sympathies of the judge were aroused and Jerry's client was duly acquitted.
Frank Hormel came to Cedar Rapids as a young man, from Ohio, possessing education and courteous manners. It might be well said of him, that from nothing he attained to an income of $10,000.00 a year. Mr. Hormel was lank and lean in appearance; was a student who devoted his nights to old "Father Anties," the law. He argued to the court with much success and was discreet and dexter- ous before a jury. He was kind hearted and generous to a fault, and attracted friends by the brillianey of his conversation.
Mr. Hormel has been declared by the older members of the bar as a remark- able man for adroitness in a law suit and for knowledge at every stage of the case. He was a person of many parts and varied culture, who just before he had turned fifty was literally worn out on account of the strenuous life he had been living. He set his stakes high and paid the penalty.
Just after the Civil war a number of young men drifted into Linn county, a number of whom had seen service and who later became lawyers, doctors, and bankers in this and adjoining counties.
Among a number of attorneys who located here during the '60s these may be mentioned : Mason P. Mills, John J. Powell, Charles B. Keeler, Frank Hormel, Judge Leach, Judge Spangler, T. J. Dudley, Jr., A. R. West, H. G. Bowman, D. L. Palmer, J. C. Davis, J. W. Bull, A. V. Eastman, Henry Rickel, C. M. Hollis, C. S. Lake, Judge J. D. Giffin, Colonel Charles A. Clark, B. F. Heins, and many others. These were all young men and all became more or less noted in the legal profession, as well as socially and politically.
Mase Mills was a business getter, but not a sound lawyer. He neither had the ability nor inelination for discrimination. He said of himself that in his native place when a boy, when a medicine faker threw out peanuts for the boys to fight over, he always got his share. In the rough and tumble of law suits he was fairly successful for the reason that he always associated himself with lawyers of ability. He was a jolly good fellow, a great mixer, and knew men.
Mr. Powell had been in the army, was a college graduate, and soon took a lead- ing place among the attorneys at the bar in this county. He passed away in January, 1908, one of the best known and most highly respected citizens of the city of Cedar Rapids.
Benjamin Franklin Heins was in his day and generation a much talked of man. Of Ben Heins many stories may be told. He was noted for getting his English
1832
chase
Purchase
Dubuque
Sec and For
Hawk
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Indian
Country
Black
Hawk
Line of division
ROCK ISLAND
K
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Demoine
Boundary
County
Blac
THE BLACK HAWK PURCHASE
MCGREWSUASTORE.
VIEW OF SPRINGVILLE SOON AFTER TOWN WAS FOUNDED
PINGLING DRUS
FIRST STORE IN SPRINGVILLE
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Dubuque
County
Indian
Country
Black
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SHOWING DES MOINES COUNTY SUBDIVIDED
188
HISTORY OF LINN COUNTY
Linn county has had its share of "constant litigants." The dam across the river has been a constant eyesore, with rights vested and otherwise. There has not been a time since the franchise was granted by the state for dams up to the present time that some suit has not been pending in the district or supreme court involving some phase of the property rights of the respective owners in common. The so-called legal ownership of the dam is now supposed to be vested in the city of Cedar Rapids, and fees are no longer forthcoming, so during the past few years there has been a lull in this branch of litigation.
William Harper, J. W. Traer, J. P. Glass, John Weare, W. S. Cooper, N. B. Brown, Colonel J. M. May, J. JJ. Snouffer, G. W. Wilson, Theresa O'Connell. Doc Panl, and Lewis & Masou kept the legal mill grinding for many years. How- ever, by common consent, Elias Doty, son of one of the first settlers, seems to have held the trump card for litigation in the number of suits that he has brought and defended. He is something like Micawber in this particular that "he has become acquainted with the law by being made a party so often." It is said that Doty started his litigation by taking a law book in a horse trade, from which he got a smattering of law, which volume was cited in many trials until some up-to-date lawyer ruled the book out before a justice because it had been printed in England.
The Bever will ease was one of the most hotly contested cases in the county on account of the large interests at stake and the prominence of the interested parties as well as the prominence and standing of the attorneys employed.
Many have questioned whether the lawyer of the future will occupy the same position in the community as the pioneer lawyers. The legal business is rapidly changing, and before many years the successful lawyer will be one who renders legal opinions as to what the law is before.suit is brought, and there will be less and less of great speeches delivered "amid full houses and lond cheers." The pioneer lawyer arose to distinction and political preferment by force of his native ability. It is doubtful if we shall in the future have a class of attorneys who will play such an important part in the upbuilding of the county and of the state. It is doubtful if we ever shall look upon their kind again.
The practicing attorneys of Limu county at this time are as follows:
F. B. Armstrong. E. C. Barber, A. R. Berry, U. C. Blake, Charles W. Bingham. Don Barnes, Fred A. Bowman, George F. Buresh, Frank C. Byers. C. M. Brown, Charles A. Clark, Frank G. Clark, C. F. Clark, William G. Clark. A. T. Cooper. W. L. Crissman. J. C. Cook. J. II. Crosby. W. L. Cron, William Chamberlain. HI. R. Churchill F. F. Dawley. F. J. Dawley. C. 1. Deacon. Vincel Drahos, L. D. Dennis. M. J. Donnelly, O. J. Felton. E. A. Fordyce. Elmer Green. J. W. Good. J. M. Grimm. W. J. Grunewald. T. M. Giberson, E. W. Griffiths, S. M. Hall. Warren Harman, G. J. Hedges. J. N. Hughes, C. D. Harrison, Louis Heins, F. W. Dann, Frank A. Hcald. J. W. Jamison, E. C. Johnson, L. M. Kratz, J. C. Leonard. J. J. Lenehan. G. P. Linville. Fred Luberger, Joseph Mekota, R A. Moses, Matt J. Miles. Stephen Novotny. E. C. Preston, J. H. Preston, Thomas B. Powell, M. I. Parter. Frank H. Randall, Mac J. Randall. John M. Redmond, John A. Reed. C. B. Robbins. Henry Rickel. II. C. Ring. C. S. Smith. M. P. Smith, William Smythe, W. E. Steele, John D. Stewart. A. Il. Sargent, Roland Shaver, H. E. Spangler. C. R. Sutherland, L. J. Storey. G. R. Taylor. P. W. Tourtelot. J. Il. Trewin. J. M. Tallman, C. G. Watkins, Charles E. Wheeler. B. L. Wick, J. U. Yessler. Cedar Rapids: II. C. Printy, Center Point, lowa: Thomas Davis, Central City, Iowa : E. A.Johnson, B. J. Lancamp. Lisbon : F. L. Anderson, James E. Bromwell, M. W. Courtney. W. S. Griffiths, James M. Gray, Charles .1. Haas, B. P' Harding. C. S. Lake. William G. Thompson, J. M. Thompson, D. E. Voris, Marion : C. W. Kepler. Louis II. Kepler, G. M. Wilson, F. T. Davis, William Gleun, Mt. Vernon ; D. D. Stevens, Paralta. Iowa: Thomas Ware. Troy Mills: A. W. Fisher, Walker : Ilomer James, Springville.
LUTHERAN CHURCH, LISBON
1
MAIN STREET, LISBON
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CHATTY MENTION OF BENCH AND BAR
LINN COUNTY JUSTICES
In pioneer days the township justice played an important part in the growth and progress of the community. He acted as the safe counsellor and the family adviser. He drew up all sorts of legal papers, settled strifes, legalized mar- riages. It was in the justice court that the new lawyer would show off his ability. It was an age when "wit and whiskey were the principal things at the bar," and the early lawyers by nature possessed the one and frequently partook of the other.
Before these country tribunals these young fellows at the bar were not miserly of their eccentricities by any means. The justice courts in olden tims were held under the oaks in summer and in blacksmith shops and grist mills in colder weather, and here when law was not made, the politics and gossip of the day were often discussed. The justiee was always a leader in his community, and he led in many ways. The story frequently went "as goes the justice so goes the township." The voter placed faith in the judg- ment of the justice and he ruled the community sometimes with an iron hand. However, the dictatorial justice soon lost caste and some one else would be chosen at the next election. Much good work was done by the frontier justice as peace maker, for often where quarrels arose involving a whole neighbor- hood he would fix it up in some way, asserting with all the powers at his com- mand that "it was a dirty suit" which must be settled.
They were as a rule men of character and of influence, and fearless when it came to dealing out justice to offenders and those who openly violated the law. Of course they were backed by the sturdy farming population who could be depended upon to stand up for the rules as laid down by the justice.
Many stories may be told at the expense of the country justice. It is re- lated of an old New Englander in Monroe township that when a ease came before him as to certain offenses and the attorney for the defendant saw that the feelings of the justice were against him he made a motion that the guilt or innocence of the victim be put to a vote of the house. While he thought this was a little strange, still his sense of justice and his New England train- ing asserted itself and the crowd voted that the party should go free, against the protest of the attorney for the state.
Dr. J. H. Camburn was an able justice. The way he would take things in hand and decide matters were worth going a distance to see and hear. Dr. Camburn was decidedly praetieal and had good sense. It is said that John Weare made a better justice than Dave King, for King had friends at times whom he wanted to help while Weare had no friends.
Justice Snyder, of Putnam township, senteneed a poor fellow at one time to the penitentiary for stealing a bee tree when a tree of that kind and a whole acre of land on which it grew would not be worth more than $5.00. The constable marched the poor fellow across the country to the sheriff's office. awaiting further instructions. The sheriff sent the constable home and told the prisoner to go home, as the justice had exceeded his authority. The scare at least made the poor fellow forever afterwards an ideal citizen and the justice always thought that he had done a good job after all even though he had exceeded his authority.
Many of the fathers and grandfathers of the present generation look back with pride upon the work accomplished by their ancestors who held down the justiee's office in some of the townships of the county. Who does not re- member such names as J. G. Cole, Isaac Butler. Bob Hodgin, Ed Crow, William Abbe, Bnrnett, Coquillette, Knickerbocker, L. L. Davis, Israel Mitchell, Wm. Ure. R. M. Gunnison, Wm. Cooper, J. S. Anderson, John Stewart, C. W. Phelps,
+ Fayedto
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Delaware
Dubuque
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Oct. 21
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Jones
Cession Jos
Clinton
Cedar
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John 308
Scott
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1
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Sac and Fox
Louisa
Henry
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AFTER_THE SAC AND FOX CESSION OF 1837
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Clayton
1
21/1837
-Buchanan
Delaware Dubuque
1
+
Jackson
Jones
-Benton
5 espion ยบ
Clinton
Cedar
C
-KeokyN
Johnson
Scott
Muscatine
1
Slaughter
Louis
Henry
Des
Moines
Van/Baren
e e
LATE DIVISION OF THE BLACK HAWK PURCHASE
Western-Boundary_of_
192
HISTORY OF LINN COUNTY
Aaron Mohr, Thos. Gondy. J. M. Afftery, J. W. Babbitt, W. H. Hunter, H. B. Burnapp. J. Shearer. Geo. Greene, and scores of others.
These frontier justices were many of them men of culture and education, such as Mitchell and Judge Greene. Many of them were shrewd, as Wm. Ure, Gunnison, Butler, Nugent and many others. These men saw into schemes which were frequently played upon men of the community and woe unto the man who got caught in such a game in the new community where all stood by the justice and the justice's rule was the supreme law in those days. But the country justice, whatever his ability, always decided on the side of justice and merey.
The country justice was a self made man of sound judgment and by fair dealings was the arbiter of the fortunes of the county in an early day. He is worthy of mention as a type of the pioneer who took an active interest in the upbuilding of the county and in preserving order and enforcing law.
The following items show the importance of the justices in "ye olden time." These were found by a member of the S. H. Tryon family and presented to the Linn County Historical Society.
Linn County,
lowa Territory.
To any Justice of the Peace for Linn County, or ministetr of the Gospel. These in the name of the United States are to authorize you to join in matrimony Mr. James Hunter and Miss Mary Rogers and fail not to make due return. March 10, 1840.
S. Il. Tryon. C. D. C.
Executed by the undersigned on the 14th day of March, 1840. Israel Mitchell, J. P.
lowa Territory.
Linn County.
To any Justice of the Peace or Minister of the Gospel in the name of the United States of America, These are to authorize you to join in matrimony Mr. Joseph Barnett and Miss Mary Libo.
Given under my hand and seal of office this 20th day of June, 1840.
S. 11. Tryon, (seal) Distriet Clerk.
Territory of Iowa.
Lin County,
To any Justice of the Peace or Minister of the Gospel in the name of the United States of America ; these are to authorize you to join in matrimony Mr. Henry Donahoo and Miss Sarah Ann Burgess.
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