USA > Iowa > Scott County > History of Scott County, Iowa > Part 30
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" Early in life he discovered the advantages to be derived from the possession of law books, which are the most effective imple- ments in a lawyer's vocation. It is a fact well-known that he is the owner of the most complete and valuable private law library in the West, perhaps in the United States. But it is not so generally known that he commenced to gather this library years ago, when he was young and poor, and that a large portion of his surplus earnings went steadily into it from year to year, at a time when most lawyers, under similar circumstances, would have considered themselves unable to buy books. I cannot speak as to the exact value of his law library, but I suppose it cannot fall short of $30,000, and may much exceed this sum. I cannot permit this occasion to pass without an expression of the sense of my great obligation to him for the free use of his library. This valuable privilege he lias not only willingly extended, but the favor has been heightened by the warmth and courtesy with which the acceptance of it has always been invited. But my own experience in this respect is not singu- lar, and I share it in common with hundreds. To every lawyer and to every judge his library doors stand always wide open.
" It illustrates his public spirit to recur to a fact well known in Iowa. When the Legislature required a term of the Supreme Court of the State to be held twice a year at Davenport, it was made a condition that it should be without cost to the State, --- a species of economy, by the way, which has nothing to recommend it. The better to accommodate the court and the bar, Judge Grant fitted up a room for the use of the court above his library, and set it apart for them for several years, neither receiving nor expecting compensation. The judges and bar of the State cannot but feel how much they are indebted to him for access to a library which was until recently the only one in the State at all complete.
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"Judge Grant combines the essential qualities of a successful lawyer. And first among these I place integrity, without which no man can be a great lawyer, nor for any considerable length of time a successful one. Ile is utterly incapable of consciously mis-stat- ing to a court a fact. or the effect of a decision, or concealing ad- verse decisions.
" He has the zeal and courage necessary to great success at the bar. In addition to this, nature las gifted him with most felici- tous powers of expression. In the use of strong, pure, vigorous English, it is rare, indeed. to find one who equals him. I have heard him make a law argument of an hour's length, without, as it seemed to me, hesitating for a word, and without using a superflu- ous one. Every sentence was short, and, unconsciously to him, clearly cut and finely chiseled-in its way a work of art that I have often admired.
" He is a man of strong and tender emotions, and occasionally, when the subject is such as to enlist his feelings, truly eloquent in the highest sense of this expression. His eulogy of the lamented Stockton, which was unpremeditated, pronounced at a meeting of the bar of Scott County, brought tears to eyes unused to weep, and will never be forgotton by any who heard it. Though char- acterized by less feeling, and therefore not so impressive, his re- marks on the death of the late chief justice of the Supreme Court of the United States, in the Circuit Court at Des Moines, were scarcely less happy. If nature had given him a more mellifluous voice, he would have gained distinction as a mere orator whether he coveted it or not.
" But his great success in his profession has not been alone ow- ing to the qualities and gifts I have named. He has a practical sagacity so marked as justly to entitle it to the name of genius. I cannot descend into details, but it is this quality which enabled him so early to discern that the tide of municipal railway-aid-bond liti- gation taken at the flood would lead on to fortune and to fame. He fought that battle for years. Every inch of ground was hotly con- tested. The State Courts were against his views. The lower Fed- cral Courts were likewise against him; but in general he was sus. tained by the Supreme Court of the United States; but he had to carry his points one by one, and the contest extended through many years. Whatever may be thought of thelegal merits of the controversy in its varied phases, all will agree that for Judge Grant
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it was a splendid professional victory, one which has justly given him great distinction and a satisfaction which is not diminished by the more substantial rewards with which it has been attended.
"What I have called his genius, is as strikingly exemplified by what is known as the Mark Howard ease. arising out of the sale of the old Mississippi & Missouri Railroad to the Rock Island com- pany, in which his sa zacity and prompt action secured to his elients near a million of dollars, and to himself and partner a fee which is understood to be not less than $100,000.
" His success as a lawyer is by nothing more conclusively shown than by the circumstance that although living in a new State and comparatively small city, his legitimate professional income is prob- ably not exceeded by that of any lawyer in the United States.
"He had ceased to be a judge before I was admitted to the bar, and hence I cannot speak of him in this respect of my personal knowledge.
" But it is concurrent testimony of the bar that he evinced great capacity for the prompt dispatch of public business (a most valua- ble quality in a nisi prius judge), and that his decisions marked an independent mind, disposed to follow the law found in the books where it promoted justice in the particular case, but restive somewhat under precedent when not conducive to this end. Like Mansfield, he tempered the law with equity, and if a judge must err in this respect, this is an error on the right side, and one which it is easy to pardon, and not difficult even to admire."
In referring to the personal characteristics and peculiarities of Judge Grant, IIon. George G. Wright says, in substance:
"Judge Grant is a man of very strong feelings and convictions; quick, frank, and outspoken, and hence by some thought to be a man of strong prejudice. In his judicial capacity, if convinced that wrong or oppression was attempted by one party, his detesta- tion of it was so strong that if the least doubt obtained, he was apt to solve it in favor of the wronged.
" He conceals nothing; you know where he is all the time. Hc never leaves you in doubt. If you ask his opinion of friend or foe, with unequaled frankness he tells you, setting down in his judg- ment ' naught in malice,' and withholding nothing from you.
"He is large-hearted and most liberal, and exceedingly devoted to his family. Without children of his own, he has always had his house filled with them, of relations on both sides. In this respect there is no one like him in all my acquaintance. He has absolutely added to his before large and most commodious honse
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to accommodate his adopted children, and no one can see the least thing in all his conduct toward them to show that they are other than ' bone of his bone and flesh of his flesh.' Constituted as I have hinted, he knows no such thing as denying them any want, or refusing them any request.
" Ile is a fine classical scholar. It is seldom one meets any one so thoroughly at home in the classics, and he has a memory which enables him to retain not only his early but his later studies and learning. With ancient as well as modern history he is quite familiar, using readily, and often with the best effect, the finest ยท efforts and perorations of the best authors, whether of this or an- cient times, of this country or abroad.
" Judge Grant has a voice which makes him notable wherever he goes. Clear, strong, ringing, he commands attention in any crowd and before any tribunal. It is said that he once led an unsophis- ticated officer-outside of a crowded court-room-to believe that a fight was in progress or imminent, by his tone and manner in ad- dressing a jury; and so excited was the official, and so active his efforts to get in and separate the supposed combatants (court at that day being held in a building used as a store-room) that he stepped to the top and sank to the bottom of a molasses barrel. Or, if this incident is not well-authenticated, it is true that after he and Gen. James Wilson had defended the Indians charged with the murder of a white man, and after the chiefs had refused to pay the General anything more, they proposed to pay the ' little lawyer with the big voice' $300 inore. The Judge laughingly says that this was the only time when his voice brought him any money. His friends, however, know better, and that it has been of not a little value to him all through his most active life. And he has led a real active life. He can do now more work than half the young men in the State. As a farmer,-and he has had large interests as such ever since he has been in Iowa, if not before-actively engaged in breed- ing the best horses, sheep, cattle and game chickens; as a member of the school board; as a lawyer, whether at nisi prius, in the Supreme Court of the State, or in Federal Courts; as a member of a deliberative body, wherever he is or in whatever engaged, he has always been a leading, working man, allowing no one to do his part, always at his post, always ready with his cases, and yet always genial, accomo- dating, courteous and polite. I doubt whether any one ever heard him, however sore his disappointment, say an unkind word of a court deciding against him, or knew him to do ought to bring the decisions of a judicial tribunal into reproach or disrespect.
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HISTORY OF SCOTT COUNTY.
" He was well fitted for pioneer life. Able, dignified, and fully imbued with that strong feeling of self-respect which makes the true gentleman, he could and did accommodate himself to his sur- roundings, taking life as he found it, and yet always laboring to elevate society and make it better and truer. If he could not have the most elegant court-room, he nevertheless held his court and dis- patched business, giving to all a hearing, and administering jus- tice to the rich and poor alike. It is told of him that on one occasion he could not reach the county seat of a new county, situated on a rising river and without houses, but could the opposite bank of the stream, which was too high to cross; that there was but one, and that a divorce case, on the docket; that he ordered the sheriff (on the other side of the stream) to open court, heard the testimony and arguments across the water, announced the decision, and ad -. journed the court, and then struck for the next court. For this I do not vonch, but it is not unlike him (if the circumstances ren- dered it necessary), nor the least to his disparagement.
"Judge Grant likes to make money, not for the money, but because he likes to contribute to the welfare and happiness of those dependent upon him, and because he is truly a liberal and public- spirited man. Few lawyers in Iowa, by their profession, have made so much. His habits are the very best. He never dissipates in any way, either by the cup, dice-box, cards, or otherwise. In view of his active life, mixing or brought into contact with all kinds and classes of people, subjected to all the trials and inconveniences of pioneer life in his profession, not a member of a Church, it may well be doubted whether this could be asserted with equal truth of any of his fellows. He is remarkable for his utter abhorrence of bad men, lewd society, and I verily believe he would rather have any young man dependent upon him go to an early grave than to fall into the habits of too many young men in drinking, gaming, and indolence, for he has a most sovereign contempt and dislike of all laziness. His influence has been largely for our good on our institutions and laws. A man so active is always accomplishing something. More than once I have suggested to him that he should retire, quit work, and enjoy rest and quiet. But this I knew he could not do. He finds the most happiness, the most comfort, the most rest, in work. He will go on just as he has for much more than one-fourth of a century, until life's pilgrimage is closed, always with head and hands full, doing more and resting less than any man around him. He appears as young and active as he did 30 years ago.
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HISTORY OF SCOTT COUNTY.
" Of his apparel he never seems to take a thought. If he had the most costly he would never look dressed. While he cultivates cleanliness of person, he never takes a second thought whether boots are polished or otherwise; whether collar or necktie is on or off; whether the hat is in style or not, or whether his clothes are old or new. In some respects he may be called eccentric, and yet he is ever trne to himself and to his true nature."
Thomas S. Wilson, of Dubuque, who served for several years as Territorial judge, a sketch of whom appears on a preceding page, succeeded Judge Grant. He was elected April 5, 1852, and served until legislated out of office the following year.
On the 9th of February, 1853, a new district was formed named the eighth, composed of the counties of Scott, Cedar, Clinton, Jackson, Jones and Muscatine. William E. Leflingwell, of Clinton County, was elected April 4, 1853, judge of this new district. He subsequently resigned and John B. Booth, of Jackson County, was appointed by the governor to fill the vacancy, and qualified April 15, 1854. He served until the election of his successor, William II. Tuthill, of Cedar County. who was elected in April and qualified May 3, 1855. The following sketch of Judge Tuthill is from the American Biographical Directory.
The Tuthills in this country are of English pedigree, and de- seended from John Tuthill, who settled at Sonthold, Long Island, in 1640. The grandfather and great-grandfather of William Henry Tut- hill were participants in the struggle for American independence. His father was James M. Tuthill, for many years a merchant in New York City, where the son was born on the 5th of December. 1808.
His mother was Emma Townsend, a descendant of a prominent English family, a representative of it early settling on Long Island.
The subject of this biographical sketch was educated in a private school in New York City, receiving instruction, in addition to the rudimentary branches, in Latin, French and the higher mnathe- matics. From early youth he had a very studious disposition, and mastered other branches after leaving school. Having completed his school education young Tuthill learned the art of copper and steel-plate engraving, working at it a few years, when his health gave away, and he was obliged to quit the business. In 1832, dur- ing the first year the cholera was in the country, he acted, by ap- pointment, as assistant secretary of the New York Board of Health, as secretary of the special medical councils: and among his duties
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was the compiling of the daily reports of cholera cases. Subse- quently he entered the Chemical Bank, now the Chemical National Bank, of his native city, and was a clerk there a number of years.
In 1840 Dr. Tuthill immigrated to Cedar County, Iowa Terri- tory, spending one year in the southern part, and in the spring of 1841 located permanently in Tipton. When he first came to Cedar County there was not a house of any kind on the present seat of justice. Tipton was surveyed and laid out early in the spring of 1840, and when he opened a store there the next year there was not more than a dozen families in the place. After continuing in trade about two years he turned his attention to law, which he had read some before, and on the 13th of November, 1846, was ad- mitted to practice in the United States Court. He continued in practice until elected judge of the eighth district in 1855, wear- ing the ermine five or six years. During this period he was also engaged in banking. He has been in that business since 1850 and is known as the literary banker of Iowa.
Dr. Tuthill was prosecuting attorney at an early period in his legal profession, and has been notary public constantly for over 36 years.
He was originally a Whig, and attended all the State conventions of that party in Iowa, until its dissolution in 1854, when he united with the Republicans. He has been nominated at different times for both Houses of the General Assembly when a nomination was equivalent to an election, but he peremptorily refused to accept the nomination. The offices which he has held were urged upon him.
Judge Tuthill is an Odd-Fellow, and has been grand master of Iowa, and grand representative of the Grand Lodge of the United States. He is honorary member of several historical and literary societies; is an ardent bibliopholist and an antiquarian; has a large law library, and more than 5,000 miscellaneous volumes- one of the largest and best collections of scientific and literary works in the State. His collections in genealogy and heraldry are quite extensive. His editions of the ancient classics, Livy, Virgil, etc., are of the richest kind. He possesses numerous editions of the Bible, from the "Breeches," 300 years old, down to the present time. One edition is in six royal folio volumes, the pages be- ing the size of an ordinary quarto newspaper, with numerous engravings by the best British artists. Only a few of the pro- ductions from the pen of Judge Tuthill have been published, among them a very able and exhaustive review of the " Dred Scott decis-
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ion" delivered as an address in 1860, and which is said to have swelled the Republican vote of that year; a few historical sketches for the " Annals of Iowa," and an address delivered on the occasion of the gathering of the Tuthill family at Sonthold in 1876.
Physically, he is sinall and frail, having more mind than body. A stranger conversing with him would say that the engine is much stonter than the machinery that holds it. Although five feet and eight inches tall, his greatest weight ever reached was 126 pounds. Of late years it has averaged 108 pounds.
He is a member of the Lutheran Church, and a man of very pure character.
Judge Tuthill has had two wives. The first wife was Miss Sarah Smith, of New York City. She was married in 1833, and died in 1841. The second was Miss Dorothy Platner, of Cedar County, married in 1843. She had one child. The 6th of February, 1857, a new district was created composed of the counties of Scott, Clin- ton and Jackson. Gilbert C. R. Mitchell, of Scott County, was clected Judge of the district, April 6, 1857, and qualified May 20, but subsequently resigned, and Asahel H. Bennett was appointed by the governor, and served until the district was abolished and new dis- tricts organized under the constitution of 1857. A sketch of Judge Mitchell will be found under head of " Illustrious and Prominent Dead." A reference is also made to Judge Bennett in the " Bar Ilistory."
In accordance with Article V. of the constitution of 1857, 11 new districts were created, and Scott, Clinton, Jackson and Mnsca- tine comprised the seventh judicial district.
John F. Dillon, of Scott County, was elected judge of this dis- trict, Oct. 12, 1858, and re-elected Oct. 15, 1862. He subsequently resigned, his resignation to take effect Dec. 25, 1863, having been elected Judge of the Supreme Court. J. Scott Richman succeeded Judge Dillon, having been appointed by the governor to fill the vacancy, Oct. 27, 1863, and elected by the people Nov. 8, 1864. He was re-elected Oct. 9, 1867. Sketches of Judges Dillon and Richman will be found in a succeeding chapter on the " Bar."
W. F. Brannan, of Muscatine County, succeeded Judge Dillon and served until 1875.
Walter I. Hayes, of Clinton County, succeeded Judge Brannan, and yet serves the district as judge.
Walter Ingalls Hayes, Judge of the seventhi judicial district of lowa, was born at Marshall, Mich., on the 9th of December, 1841, and is the son of Dr. Andrew L. and Clarissa Seldon (Hart) Hayes.
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HISTORY OF SCOTT COUNTY.
His father was a native of New Hampshire, of Scotch-Irish ances- try, a scion of the New England Hayes family, his mother being a Sanborn, of Sanbornton, N. H.
Dr. Hayes was educated and bred to the profession of medicine in his native State, but commenced his professional life in Michi- gan, of which State he was an early settler, taking an earnest and active interest in its initial concerns. He was a member of the Legislature that first sent Gen. Cass to the United States Senate; was a brigadier-general of the State militia, and took a lively inter- est in military affairs; served in the Texan war, and rendered important aid in the raising of troops at the commencement of the late Rebellion, but died in 1861, before he had time to buckle on his sword in defense of his country. Although a practicing physician throughont his life, yet he was commonly known in Michigan as General Hayes. The mother of our subject was born in Durham, N. Y., of English descent, her ancestry running back to the early Puritan stock of New England.
His parents being in easy circumstances, the early life of our subject was pleasant and smooth, free from the bitter but often beneficial experiences with which the early lives of many men of distinction have been fraught. He received his early education at the common schools of his neighborhood, commenced the study of law at the early age of 19 years in the office of Hughes & Woolley, at Marshall, Mich., the senior member of which was the Hon. D. Darwin Hughes, now of Grand Rapids, of that State. He subse- quently graduated at the law school of Ann Arbor in Michigan, and was admitted to the bar of that State in 1863. A year later he became a member of the firm of his late preceptors, which then went under the style of Hughes, Woolley & Hayes.
In 1866, being offered a desirable partnership by General N. B. Baker, late adjutant-general of Iowa, he removed to Clinton, Iowa, where he has ever since resided, and at once entered into active prac- tice, the firm being Baker & Hayes. This partnership continued for about two years, and until General Baker removed permanently to Des Moines, after which he was without a partner until 1872, when he became associated with the Hon. George B. Young, then circuit judge, which position the latter resigned in order to resume his practice. This alliance, under the name of Hayes & Young, continued with great success until August, 1875, when upon the recommendation of the bar of the seventh judicial district, he was, although a Democrat, appointed by Governor Carpenter to complete
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the nnexpired term of Judge Brannan, resigned, and in October following he was elected to the same position by the people, with- out opposition. His professional career has been characterized by steady, onward and upward progress. He has never deviated into special grooves, but has always been a court and trial lawyer, and eminently successful.
Ile was United States commission er for the eastern district of Michigan from 1864 until he left the State, and was city attorney of his native city for the year 1865. He was appointed U. S. Com- missioner for Iowa in 1867, and held the office till appointed district judge. He was city attorney for Clinton, Iowa, during 1869, and city solicitor during 1870 and 1871, and was again elected to that office in 1875, holding it until his elevation to the bench. He was then the Democratie candidate for eirenit judge in the seventh dis- trict in 1868, but was defeated by Judge Young, afterward his law partner. In 1876 he was the Democratic candidate for a seat on the supreme bench of the State, la ving been nominated by acclamation. He was a delegate to the Democratie State Convention of Michigan in 1864; also the Iowa Democratic State Conventions as a rule since 1868, and to all of the Congressional Conventions of his distriet sinee that period. In 1872 he was an alternate delegate to, and acted in, the Baltimore convention that nominated Ilorace Greeley for the presidency, and when appointed judge was chairman of the Clinton County Democratie Committee, a member of the District Congres- sional Committee, and a member of the State Democratie Commit- tee. He is a stock holder and director o f Clinton National Bank.
In accepting the office which he now fills with so much ability, Judge Hayes made a serious pecuniary sacrifice, relinquishing a practice inferior to but few in the State, and yielding a revenue of more than twice his official salary, and retains the position only at the request of the bar of the district, unanimously expressed in publie meeting held at Davenport in the summer of 1876.
It is superfluous to say that Judge Hayes has given universal satisfaction on the bench. He is not only a well-read lawyer, but is also gifted with a master mind.
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