USA > Iowa > Muscatine County > History of Muscatine County, Iowa, from the earliest settlements to the present time, Volume I > Part 45
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JUDGE WILLIAM G. WOODWARD.
Judge William G. Woodward was born in Hanover, New Hampshire, May 20, 1808, and died February 24, 1871. He was a son of the Hon. William H. Woodward, of New Hampshire, famous in the annals of jurisprudence as sec- retary and treasurer of Dartmouth College and a defendant in the great Dart- mouth College case, in which Daniel Webster made one of his greatest argu- ments. Judge Woodward came to Bloomington in 1839, where he practiced law, and in 1850 was associated with Judges Mason and Hempstead in codifying the statutes of Iowa. In the winter of 1855 he was elected to the supreme court of Iowa and served six years. He represented Muscatine county in the state senate in 1860, and subsequently was clerk of the United States circuit court of this district. He was a man possessed of a cultivated mind, familiar with the discussions of the day and in every respect was entitled to the title of "a real old gentleman." He was a very able lawyer and noted jurist of his day.
STEPHEN WHICHER.
Stephen Whicher came to Muscatine from Dayton, Ohio, April 3, 1839. He was born in Rochester, Vermont, and at the age of eighteen "came west" and
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taught school in Lexington, Kentucky. There he studied law in the office of the great statesman, Henry Clay, and later studied at Lawrenceburg, Indiana. He was admitted to the bar in 1823 and moved to Dayton, Ohio, where he was married. At the time he came to Bloomington his family consisted of three sons and one daughter. Judge Whicher in stature was six feet and one inch, slim and dignified. He usually wore a tall hat that added to his height and dignity very much in the estimation of his neighbors. In his day he had no superior as a lawyer but could not have been considered a good business man. He always managed to have a comfortable living, but never became what would be called wealthy. He was one of the leading men of his day in this section. At public meetings he was usually president or chairman on resolutions. Sun- day would always find him in his seat at the little church on the hill. He was noted for his wit. His witty sayings are still remembered among the old men of the community now living.
One story told of him is to the effect that in early times, as is well known, steamboats on the Mississippi river carried bars and were said to have the best of liquors. At that time drinking was practiced by almost every one. When a steam boat landed, a score or more of thirsty men could be seen rushing aboard the boat-sometimes Mr. Whicher among them. He rarely drank much, but once when he wanted a drink and seeing a large number going to the steamer, he concluded to go also. Reaching the barroom of the boat, he asked the dispenser of liquors if he had any good brandy. The barkeeper directly re- sponded that he had. "Have you a tablespoon?" asked Mr. Whicher. "No, but I will get you one," answered the barkeeper. When the spoon was procured Mr. Whicher held it over his glass and commenced to pour the brandy into the spoon, continuing to do so until the glass was sufficiently full to meet his requirements. He then straightened up and drank it all down. With the ques- tion to the barkeeper, "How much is the charge, sir?" "Nothing," was the reply. "I never charge anything for a spoonful of brandy." Mr. Whicher left the boat amid the roar and laughter of the bystanders. After that a large measure of rum became synonymous with Whicher's spoonful.
Mr. Whicher was absolutely fearless, and when he took a case he stayed by his client through thick and thin. As an advocate he stood at the head of the bar and his best success was with the jury. If his case was a doubtful one, like Lincoln, he got the jury to laughing before closing his arguments. If he could not reach that point, he would tell an amusing story.
When the Missouri war broke out in the winter of 1839-40, when the armies of Iowa and Missouri were marched to deadly combat, Governor Lucas ap- pointed Mr. Whicher as one of the commissioners to arrange terms of peace, which was done by agreement to submit the question at issue to congress for settlement. When the whigs got control of the government by the election of Taylor and Fillmore, Mr. Whicher was appointed United States district at- torney for Iowa by President Fillmore.
When Mr. Whicher came to Muscatine he found but two practicing at- torneys-S. C. Hastings and J. Scott Richman, both since prominent on the bench. They rode the circuit together and were usually pitted against each other in the courts. They developed remarkable ability, winning the highest
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honors in the courts of the territory and state. Judge Whicher was a talented and eminent lawyer, the peer of any in Iowa. He was remarkable as a special pleader and was an acknowledged leader of the bar. He was of rugged honesty and integrity, upright and steadfast in his devotion to duty, and commanded the confidence and respect of all with whom he came in contact. He was of strong determination and great force of character. He had been a deep student and possessed mental faculties of a high order. His knowledge of the law was wide in its scope and accurate in its conclusions, and his opinions were always quoted with confidence.
Stephen Whicher died February 13, 1856, at Iowa City. His wife died in Cincinnati at the home of her daughter, in May, 1880. Both these pioneers died outside of Muscatine, but their remains were brought here for interment.
JUDGE A. J. LEFFINGWELL.
Judge A. J. Leffingwell was born on Long Island, New York, in December, 1832. In 1839 his father removed with his family and settled in Muscatine, where Judge Leffingwell lived until 1867, when he removed to Clinton county. He read law under Major Harry O'Connor, was admitted to practice in Mus- catine in 1861, and the same day formed a partnership with his former tutor, which partnership was dissolved in 1863, when Major O'Connor went to the front. Judge Leffingwell while in Muscatine served as city attorney one term. He was a lawyer of great ability and was an honor to the profession. In 1871 he was commissioned by Judge John F. Dillon as United States commissioner of Iowa. In 1884 he was elected to the position of judge of the first circuit of the seventh judicial district, and in 1886 was elected district judge of his dis- trict. He died at Lyons, December 22, 1887.
J. SCOTT RICHMAN.
'A's a jurist Hon. J. Scott Richman early won a prominent place among the judges of Iowa and was noted for the fairness and impartiality of his rulings. He possessed a keen, perceptive mind and rarely failed to reach an accurate conclusion. He was born at Somerset, Perry county, Ohio, March 1I, 1820, and was the son of Rev. Evert and Mary Richman. His father died in 1828, when he was but eight years of age, and the mother with her family of little ones, returned to the old home in Bucks county, Pennsylvania, where her chil- dren were given the best education that the country afforded. In' 1839 she removed to Muscatine, where her eldest son, John W., was a successful busi- ness man. J. Scott, en route to Muscatine, stopped in Knoxville, Illinois, where he began the study of law, but soon after came to this city and was admitted to the bar before he had reached his majority. He died May 17, 1908.
In 1863 J. Scott Richman was elevated to the district bench, at which time the partnership between himself and his brother De Witt C. Richman was terminated. For nine years he sat on the bench, and in 1872 resigned to re- sume the practice of his profession, which was more to his inclination. Judge Richman was admitted to the bar in 1839 and early rose to distinction, having
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been chosen in 1846 a member of the convention that framed the first constitu- tion of Iowa. A year later he was elected chief clerk of the house of repre- sentatives. He began his practice in the state in Cedar county but returned to Muscatine in 1840 and some time after formed a partnership with Hon. S. Clinton Hastings. This partnership was dissolved when Mr. Hastings was ap- pointed to the supreme bench and for some years Judge Richman remained alone in practice. It was in 1855 that he formed a partnership with his younger brother, De Witt C. Richman. After retiring from the bench in 1872 he en- tered into a partnership with E. E. Cook at Davenport, under the name of Cook & Richman. This was dissolved in 1880, when Judge Richman returned to Muscatine and associated himself in practice with Messrs. Burke and Russell. At the time of his death he was undoubtedly entitled to the appellation of the dean of the Iowa bar.
Judge Carskaddan has this to say of him: "Judge J. Scott Richman was one of the first members of the Muscatine bar whom I met and with whom I became acquainted in Muscatine in June, 1853. The district court of this county was then in session, the presiding judge being Hon. William E. Leffingwell. Among the lawyers then present in court were Judge Joseph Williams, William G. Woodward, Stephen Whicher, D. C. Cloud, Henry O'Connor, Auley McAuley, A. O. Patterson and others, whose names I do not at this time recall. J. Scott Richman was then about thirty-three years of age and had apparently stepped to the front among the lawyers of Muscatine. It was said that at that term of court (June term of 1853) he tried thirty cases, in some of which he was for the plaintiff and in some for the defendant, and that he was victor in every one. I became quite intimately acquainted with him and was greatly impressed with his ability and charmed by his encouraging kindness to me, a young be- ginner at the bar, and from our first acquaintance until his death our personal relations were extremely friendly and pleasant. His eminent ability and stand- ing as a lawyer and as a judge on our district bench were unquestioned. Among his distinguishing traits of character was a sturdy independence, which occa- sionally manifested itself in a marked degree."
JUDGE RALPH P. LOWE.
Judge Ralph P. Lowe was born in 1808, and came from his native state, Ohio, to Iowa, in 1840, locating in Muscatine, where he bought a farm, which he improved. He began the practice of law and took an active part in local affairs. He was of recognized ability in questions of public policy. Shortly after his arrival he was chosen as a representative from Muscatine county to the constitutional convention of 1844. In 1850 he removed to Lee county and was there elected district judge, where he served from 1852 to 1857. In the latter year he was elected governor of Iowa on the republican ticket and was the first to hold that office under the new constitution. In 1859 he was judge of the supreme court and was chosen as chief justice in 1860. This latter honor
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also fell to his lot in 1866. He took up his residence in Washington in 1874, where he died December 22, 1883.
JACOB BUTLER.
Jacob Butler came to Muscatine in 1841, forming a law partnership with Judge Ralph P. Lowe. He was a native of Franklin county, Ohio, born Au- gust 14, 1817. He died at Mount Pleasant, April 23, 1874. Mr. Butler was very prominent in the business activities of Muscatine and became quite wealthy. For several years he served as president of the Muscatine National Bank, presi- dent of the gas company, and had other business interests. He represented this county in the general assembly of 1853, when he was made speaker of the house.
HARRY O'CONNOR.
Harry O'Connor was born in Ireland and did not come to this country until he was of age. He was a tailor by trade and after his marriage, while he sup- ported his family by his daily labor on the bench, he studied law, and after a course under the tutelage of Belamy Storer of Cincinnati, came to Muscatine to begin practice in 1842. He was a lawyer of considerable ability, but was best known for his gifts of oratory and warmth of heart. He was an abolition- ist and gave his service for liberty to his country in those days of peril which can never be repaid. He was a private soldier in the First Iowa Infantry and afterward major in the Thirty-fifth. After the Civil war he was twice elected attorney general, receiving a very strong support for governor at the time Gov- ernor Carpenter was first nominated. In 1856 he was a delegate to the con- vention which organized the republican party in the state, and in 1857 was elected district attorney for the seventh district. From 1867 to 1872 he was attorney general of the state and in the latter year President Grant appointed him solicitor of the department of state. Major O'Connor as solicitor served under Secretaries Hamilton Fish, William M. Evarts, F. F. Freylinghuysen and James G. Blaine-fourteen years in all. He died at the Soldiers' Home, November 6, 1900. During Governor Carpenter's administration there were many rumors of fraud being perpetrated in the organization of counties, town- ships and school districts in northwestern Iowa. Governor Carpenter sent At- torney General O'Connor to investigate. When he returned, O'Connor reported one of the suspected cases, who was a man, and with his family was the only resident of a township. This man had organized the township, road districts and school districts and elected himself and his family to various offices, was building bridges, making roads, etc., at profitable prices, had built a schoolhouse, in which he lived, and hired a school teacher, who was his own daughter. Con- cluding, O'Connor exclaimed, "There is only one redeeming feature about the case." "What is that?" asked the governor. "The man is an Irishman," said O'Connor.
JUDGE DE WITT C. RICHMAN.
Distinguished as a lawyer and jurist was De Witt C. Richman of the Musca- tine bar. He was born in Somerset, Perry county, Ohio, September 1, 1826.
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Judge Richman was the son of a Methodist clergyman, but was left fatherless at the age of three. At the age of eighteen he came to Muscatine and spent two years in the store of his brother, John W. Richman, but returned to Trenton, New York, to resume his duties there as clerk in a store until 1853. In that year he was again in Muscatine. Here he entered the office of his brother, J. Scott Richman, and read law. He was admitted to practice and entered into partnership with his brother, the firm name being Richman & Brother, a law concern which became widely known in ante-bellum days. The partnership was dissolved in 1863, when J. Scott Richman was elected to the bench of the district court. Mr. Richman then entered into partnership with J. Carskaddan, which continued until 1878, when De Witt C. Richman was elected judge of the circuit court. While serving his third term on the bench he resigned and re- turned to the practice of law in partnership with George M. Titus. The firm of Richman & Titus continued until 1886, when the law, real-estate and loan office of Richman & Son was opened, the junior member being Irving B. Rich- man. Judge Richman was a man of scholarly attainments. 'A's a lawyer and judge his reputation reached a high point in the estimation of the bar. In his political faith he affiliated with the republican party. He was long a deacon in the Congregational church and took a very active part in church affairs. For many years he was president of the County Sunday School Association, the Men's Bible Society and the Young Men's Christian Association. He died Jan- uary 24, 1899.
JUDGE GEORGE MEASON.
On the morning of October 14, 1886, Judge George Meason died in this city. He was born in Lafayette county, Pennsylvania, in 1886, where he early attained great personal popularity and was elected to the most important trusts of his county, serving as treasurer and sheriff, commissioner and associate judge. In 1852 he removed to Iowa and was elected judge of Muscatine county in 1855, and afterward filled the office of assessor of internal revenue of this dis- trict and was mayor of the city for eight consecutive years.
ALDEN BROOMHALL.
Allen Broomhall was a native of Ohio, born in Belmont county, May 26, 1834. He received his primary education in a log schoolhouse of his native town, and in 1856 located at West Liberty, in Muscatine county, where he first purchased some wild land, which he improved and divided into farms. Sub- sequently he read law under the direction of Hon. Jerome Carskaddan, and in January, 1861, was admitted to the bar. He removed to Muscatine in 1863 and practiced his profession for many years. He formed a law partnership with Hon. D. C. Cloud, which continued nine years, and in 1875 was in part- nership with Judge J. Scott Richman, which business connection continued until the spring of 1877. In 1873 he was elected president of the school board and
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again in 1874. In 1885 he formed a law partnership with John M. Kemble. Mr. Broomhall died in the fall of 1892.
GEORGE W. VAN HORNE.
George W. Van Horne is best known as editor of the Muscatine Tribune, but for a time he practiced law at the Muscatine bar and was quite successful. He came to Muscatine in May, 1855, and entered the office of Cloud & O'Con- nor, to complete his law studies. After his admission to the bar he formed a partnership with Hon. D. C. Cloud, then attorney general of the state, with whom he remained in practice until 1861. Mr. Van Horne took an active in- terest and prominent part in the organization of the republican party and in Fremont and Lincoln's campaigns was constantly on the stump for the repub- lican ticket. During the first week of President Lincoln's administration, he was appointed United States consul at Marseilles, France, and left with his family immediately for his post. He was removed by Andrew Johnson in 1866 and soon after accepted an invitation from the old state central committee of Arkansas to take editorial charge of the new state organ to be established at Little Rock. He soon resigned his position, but was persuaded by his Arkansas friends to accept a registrarship for Scott county in that state. He returned to Muscatine in the winter of 1870 and began the publication of the Muscatine Tribune. For a long period he performed miscellaneous editorial work for both the Tribune and Journal, but severed his connection with the latter paper in 1887, when in December of that year the Muscatine News Company was in- corporated and he was elected secretary of the company and editor-in-chief of the Muscatine Daily and Weekly News.
THOMAS HANNA.
Thomas Hanna was for many years one of the prominent attorneys at the Muscatine bar. He was a native of Salem, Ohio, born July 15, 1820. His death occurred March 4, 1880, while serving his district in the upper house of the Iowa legislature. He came to this county in 1856, and first located at Wil- . ton, where he began the practice of his profession. Two years later he re- moved to Muscatine and continued in his profession with marked success to the time of his death.
In the first volume of this work will be found extended sketches of J. Cars- kaddan, Henry Jayne and other members of the bar of Muscatine, now actively engaged in the practice of their profession.
MUSCATINE BAR ASSOCIATION.
November 13, 1906, the present bar association, composed of the practicing attorneys of the county, was organized. No especial interest in the society, how- ever, has been evidenced by its members, and its meetings are held at irregular periods. The president is the dean of the Muscatine bar, Hon. Jerome Cars- kaddan, and W. R. Jayne, son of Henry Jayne, is secretary. The members now
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practicing at this bar are: Jerome Carskaddan and Irvin S. Pepper, the latter now member of congress, of the firm of Carskaddan & Pepper; Henry Jayne and William Hoffman, the firm of Jayne & Hoffman; G. Albee; H. M. Bartlett; F. M. Bilhmeier; Robert Brooke, West Liberty; Thomas Brown; J. C. Coster ; J. W. Eells; Louise Eversmeyer; F. W. Eversmeyer; J. R. Hanley and Charles P. Hanley, of the firm of Hanley & Son; T. R. Fitzgerald; Lawrence J. Horan and John F. Devitt, of the firm of Horan & Devitt; H. D. Horst; E. P. Ingham ; C. A. W. Kent; J. G. Kammerer ; J. M. Kemble; H. C. Madden; F. A. Martin, Wilton; J. E. McIntosh and L. A. McIntosh, West Liberty; D. B. Richman ; E. F. Richman; N. Rosenberger; M. W. Stapleton; J. E. Stevenson; G. M. Titus ; Ralph U. and Herbert G., of the firm of Thompson & Thompson; E. M. Warner; A. R. Whitmer, Wilton Junction.
FIRST AND LAST MEMBER OF CONGRESS.
When Iowa was admitted as a state Judge S. Clinton Hastings was its first representative in congress. That was no little distinction for that remarkable personage and the bar of Muscatine considered, and that very justly, that honor had been thrust upon it. That was many years ago-some little over a half century. In the meantime, while many of its members arose to high rank in the profession and attained exalted positions of trust and importance, it re- mained for one of its youngest members, I. S. Pepper, to make the second mem- ber of the Muscatine bar to represent this congressional district at Washington. He is now serving his first term and representing the interests of his constitu- ency ably and well.
PIONEER BENCH AND BAR.
Hon. J. Scott Richman was down for a "sentiment" on the pioneer bench and bar of Muscatine county, at the annual meeting of the Old Settlers Society in 1881. The Judge's speech upon the subject assigned him covered the ground in so graphic and interesting a manner as to be worthy of reproduction in this chapter :
"The settlement of the territories of the United States has generally preceded their organization, and to this rule Iowa is no exception. It was first incor- porated with and was a part of Wisconsin. In June, 1838, an act to divide the territory of Wisconsin and to establish the territorial government of Iowa was passed. Officers were at once appointed for the new territory thus established, and, among others, three judges were appointed. Charles Mason was appointed chief justice and Joseph Williams and Thomas S. Wilson were appointed asso- ciate judges. The above named judges appointed by the president of the United States, constituted the supreme court of the territory.
"But the first judges were those appointed by the settlers to determine dis- puted rights to claims. This was done before the territory of Wisconsin was organized, and, although no record was kept of the decisions made by those earliest judges, we have it by tradition that they found means to carry out their judgments, and that it was decidedly unhealthy to attempt to evade or disregard them. The territory was divided into three districts and a district court was
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directed to be held in every organized county in each district by one of the said judges. So that the judges, separately, were district judges, and together they constituted the supreme court. Without naming counties, or going into partic- ulars, I will say that Judge Mason presided in the southern district, Judge Will- iams in the middle district, and Judge Wilson in the northern district. Judge Mason resided in Burlington, or near there; Judge Williams at Muscatine, and Judge Wilson at Dubuque. The supreme court was held at Iowa City, which was the territorial seat of government.
"Of these judges it may be said, Mason had the most learning or at least the best legal mind, the most dignity and was the most industrious. Williams had the most experience and was the most versatile, but was lacking in dignity and industry. Wilson was the youngest member of the court. He was modest, had moderate ability, and was the best dressed member of the court. He had some dignity but was lacking in industry. So that it may be said that Mason represented the solid learning and dignity of the court; Williams, its comedy and versatility; and Wilson, its youth, beauty and moderation.
"In support of what I have said of the industry of the several judges, I refer to Mason's Iowa Reports. That book contains the reports of two hun- dred and eighteen cases decided by the territorial supreme court. The opinions in six-possibly seven of those cases-were written by Williams, fifteen-possibly sixteen-by Wilson, and one hundred and ninety-five by Mason.
"I will not say that the number of decisions written by each judge represented his comparative legal ability but I may be justified in saying that they did repre- sent his relative industry. I have not time to speak more particularly of the early times, and I shall be unable to particularize the members of the bar, or to speak of them save in a general way. And for lack of specific personal knowl- edge I will confine myself to the general course of affairs in Judge Williams' district.
"It was the plan for the members of the bar generally, to travel around the district with the judge. Court seldom lasted more than a week in any of the interior counties, and each member of the bar who traveled the district was the owner of a pair of saddlebags, one end of which would be stuffed with changes of clothing and the other with papers and a book or two. Besides a pair of saddlebags, nearly every attorney owned a horse and the district was traveled on horseback.
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