USA > Iowa > Scott County > History of Scott County, Iowa > Part 31
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In his decisions he is eminently equitable, looking only to the legal points and true issues of the controversy, irrespective of the standing of litigants or the prominence of attorneys, and fortifying them by sound reasoning and established precedent. As a result of this his judgments have been sustained with remarkable uni- formity by the Supreme Court where appeals have been taken. He
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is as active in mind as in body; thinks quickly, and decides promptly all questions submitted to him, and is the same courteous gentle- man on the bench as in the social circle, never having been known to utter a harsh word to any attorney practicing before him. Whether in official or private life, he is characterized by the most thorough independence, tempered in all cases by the courtesy and blandness of the gentleman. His honesty as a gentleman, and his ability as a jurist are of the highest order.
On the 28th of June, 1865, he married Miss Frances L., daugh- ter of William F. Coan, President of the Clinton National Bank, Iowa.
However great the volume of business now before the District Conrt, there have been times in the history of the county when little was done. In April, 1846, the court met, and adjourned the same day, there being only one case on the common law docket, and none on the criminal. In September, 1847, the Gazette, under date of the 9th, said:
" The District Court adjourned last Tuesday for want of business, it having been organized the day previously. When we take into consideration that on account of the sickness of Judge Wilson we had no court last term, this speaks well for the peaceful character of Scott County."
The clerk of the District Court in his annual report Nov. 1, 1848, says:
" I have the pleasure to report that there has been no conviction for crimes or misdemeanors since my last annual report in said court, and would add further, that there have been but five indict- ments in all found for the past year.
JAMES THORINGTON, Clerk."
These five indictments proved to be, two malicious, two aban- doned by the prosecuting attorney, and the other party was ac- quitted without the jury leaving the box. But the business of the court has increased since that day, and the criminal record has grown, though taking its population and other circumstances into consideration, Scott County will favorably compare with any county in the State.
In 1877 the following convictions were had: 1 vagrancy ; + petit larceny; 1 assault with intent to do bodily injury; 11 nuisance; 2 falsely assuming to be constables; 3 common assault; 2 malicious mischief; 2 man-slaughter; 1 house-breaking; 1 keeping house of ill-fame; 1 forgery; 1 uttering forged bond; 1 breaking into build- ing and larceny; 2 securing property under false pretense.
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In 1878 there were 10 assaults; 3 riot; 2 keeping gambling house; 1 maiming; 11 larceny; 3 burglary; 1 obtaining property under false pretense; 3 robbery; 1 malicious mischief; 3 breaking and entering; 1 manslaughter.
In 1879 there were 8 breaking and entering to commit public offense; 2 assanlt; S larceny; 6 assault with intent to do bodily in- jury; 1 nuisance; 3 malicious mischief; 1 resisting an officer; 1 permitting gambling; 2 keeping house of ill-fame; 2 adultery.
In 1880 there were convictions for the following crimes: Steal- ing from person, 1; larceny, 2; assault with intent to inflict bodily injury, 4; assault with intent to commit murder, 1: breaking and en- tering into store building, 2; stealing from a public building, 2; assault, 1; breaking and entering building to commit public offense, 1 : larceny from private building, 3.
In 1881 the convictions were for the following crimes: Bur- glary, 2; robbery, 2; breaking and entering buildings, 7; stealing, 3; larceny, 13; assault with intent to commit rape 1; assault with intent to commit bodily injury, 2; keeping house of ill-fame, 3; as- sault, 3; obtaining money under false pretenses, 1.
From the annual report of the clerk of the District Court, it is found that in 1878 the total expenses of the county on account of criminal prosecutions, including amount paid the District Attorney, was $2,166.15. In 1879 the amount was $4,692.94; in 1880 it had increased to $9,407.51; which was still further increased in 1881 to $10,812.28.
CIRCUIT COURT.
In 1868 Circuit Courts were created having jurisdiction in all common law cases together with probate jurisdiction. The circuit comprised the same counties composing the District Court -- Scott, Muscatine, Clinton and Jackson. Henry H. Benson, then of Mus- catine, but now of Scott, was the first Circuit Judge in this circuit. being elected in the fall of 1868, and beginning the discharge of his duties in January, 1869.
D. W. Ellis succeeded Judge Benson Jannary, 1873, and was re-elected in 1876. In 1878 the district was divided into two cir- euits, Clinton and Jackson comprising the first circuit, and Scott and Muscatine the second circuit. Mr. Ellis, living in Clinton County, was continued as judge of the first circuit of the seventh judicial district; D. C. Richman was elected for the second cir- cuit and yet serves as circuit judge.
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HISTORY OF SCOTT COUNTY.
De Witt. Clinton Richman was born at Somerset, Perry Co., Ohio, on the 1st of September, 1826, and is the seventh child of Everet and Mary ( Scott ) Richman, natives of Pennsylvania, and brother of Hon. J. Scott Richman.
The father of our subject was a Methodist minister, and died when the latter was but three years of age, leaving the care of a family of seven children upon his wife, who seems to have been one of the noblest of her sex. Her genealogy has not been preserved beyond the fact that she was descended of Scotch ancestors, and that she exhibited many of the traits of character for which that utilitarian racc are noted. Her watchful care for her children was unceasing, and her widowed life was apparently planned and lived for the main purpose of rearing her offspring so that they might be prepared for honorable and useful lives. And after they had grown up and gone ont into the world she often expressed great satisfaction that her care and watchfulness had been so richly re- warded. She died among her loved ones at a good old age.
De Witt C. was educated at the primitive public schools of Buck Co., Pennsylvania, where his mother moved soon after the death of his father, from which schools he graduated at the age of 12. He was always fond of reading and committing to memory long poers. bectt's poetical and prose writings were his favorite works ; and he committed almost the whole of " Guy Mannering" to memory.
From the age of 12 to 16 years he worked on a farm in Bucks County, except a few months spent in a store in Philadelphia. He served about a year as clerk in Trenton, New Jersey.
At the age of 18 he removed to Muscatine, Iowa, where his oldest brother, John W., was in the grocery business. Here he remained two years clerking for his brother, after which he re- turned to Trenton, N. J., and resumed his clerkship and remained there till 1853, when at the request of his brother, J. Scott, he returned to Muscatine to pursue the study of law in his office. He had previously read a little of Blackstone and Kent, but now set about it in good earnest, and in the year following was ad- mitted to the bar. Being at the time on a visit to friends at Knoxville, Ill., at the suggestion of Judge Hannaman, of that city, he was examined and admitted to the bar there, and afterward at Muscatine.
He was subsequently admitted to the bar of the Supreme Court of Iowa; and in March, 1869, was admitted to the bar of the Supreme Court of the United States.
Mrs M FB Cook
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In 1855 he became a partner with his brother, J. Scott Richman, which partnership continned until December, 1863, when the latter accepted a seat on the bench of the District Court of the seventh judicial district of Iowa, whereupon our subject formed a co-partner- ship with J. Carskaden. Thongh naturally averse to active litigation, it has seemed to be his lot to be engaged in some of the most important and hotly contested suits arising in his distriet, among which may be mentioned the special railroad tax case growing out of the special tax voted in aid of the Muscatine Western Railroad, in 1871, the collection of which was strongly resisted by many taxpayers and a great many other very intricate cases.
In politics, our subject was raised a Whig, and on the expiration of that party united with the Republican, to which he still adheres, though he has never hield nor sought an office.
During the late war he was among the staunchest supporters of the Government, and gave time, money and labor, toward the rais- ing of recruits for the army, and for the benefit of sick and dis- abled soldiers and their families.
He was married at Brooklyn, New York, on the 1st of Septem- ber, 1855, to Miss Mary Berdine.
As a lawyer, he takes rank with the foremost at the bar where he has practiced. He puts himself in full sympathy with his client, and throws into his argument an earnestness and energy which seldom fail of effect. He has a high appreciation of professional honor, and would scorn to do an act dishonorable or unfair; nor will he on any consideration shield a known criminal from justice. But though an eminently successful lawyer, it must be confessed that his natural tastes seem more adapted to the peaceful and quieter walks of literary life thau to excited forensic debate. Such tastes and habits have doubtless kept him out of polities, where he might have made rapid advancement and won greater renown.
PROBATE COURTS.
A Probate Court was established in Scott County at the time of its organization, and Jonathan W. Parker was the first judge of probate, receiving his appointment from the governor of Wiscon- sin Territory of which it formed a part. He served abont one year and was succeeded by Ebenezer Cook.
The first term of the court under Judge Parker was held May, 14, 1838. The first business transaeted was the filing probating
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the will of Abraham Trueks, who died in Davenport a few months previous.
In May, 1839, Judge Cook held his first term. He served until 1842, when James Thorington was elected. Judge Thorington served until 1851, when the office was abolished by law, the duties of which under the new law devolved upon the county judge.
COUNTY COURT.
In 1851 county courts were established and the office of county judge ereated. By the same aet the office of probate judge was abolished, as were also the offices of county commissioners, the duties of the commissioners and probate judge devolving upon the county judge. William Burris was the first county judge. He was elected in the fall of 1851, qualified, and at onee entered upon the discharge of his duties. Judge Burris served four years, and was sueeeeded by William L. Cook, who also served a term of two years. Charles Weston was elected iu 1857 and served two years. R. Linderman was first elected in 1859 and re-elected in 1863. In 1867 he was succeeded by T. D. Eagal, who served until the office was abolished, January, 1869.
Charles Weston was born in May, 1811, in Washington Co., N. Y. He was the youngest son of Hon. Roswell Weston, Judge in the Court of Common Pleas. He graduated at an early age at the Rens- selaer Institute, of Troy, and in 1832 eommeneed reading law under his father and Gen. Orville Clark, who were then in partnership. He remained with them some two years and then transferred his studies to the office of Hon. Esek Cowen, who was afterward one of the justices of the Supreme Court of the State.
Several of the highest lawyers of the day were eotemporary with Judge Weston at the time-Hon. Mark Skinner, now of Chicago, and Nicholas Hill, of Albany, N. Y., studying in the same office, and Hon. Daniel Ullman and Hon. Ed. Sandford being admitted to the bar of the Supreme Court in the same class of examination in 1836.
CHAPTER V.
THE BAR OF SCOTT COUNTY.
In reviewing the history of the bar it must be borne in mind that as the prosperity and well-being of every community depends upon the wise interpretation, as well as upon the judicious fram- ing of its laws, it must necessarily follow that a record of the mem- bers of the bar must form no unimportant part in the county's history. Upon a few principles of natural justice is erected the whole superstructure of civil law, tending to meet the wants and subserve the interests of all alike. The business of the lawyer is not to make the laws, but to apply them to the daily affairs of men. But the interests of men are diversified, and where so many inter- ests and counter-interests are to be protected and adjusted, to the lawyer and judge are presented many interesting and complex problems.
Change is everywhere imminent. The laws of yesterday do not meet the wants and necessities of the people of to-day, for the old relations do not exist. New and satisfactory laws must be estab- lished. The discoveries in the arts and sciences, the invention of new contrivance for labor, the enlargement of industrial pursuits, and the increase and development of commerce are without pree- edenee, and the science of law must keep peace with them all; nay, it must even forecast the event, and so frame its laws as will most adequately subserve the wants and provide for the necessities of the new conditions. Hence the lawyer is a man of to-day. The exigencies he must meet are those of his own time. His capital is his ability and individuality. Hle cannot bequeath to his sue- cessors the characteristics that distinguished him, and at his going, as a general thing, the very evidences of his work disappear.
Anthony Thornton, President of the Illinois State Bar Associa- tion, in 1878, in an address before the association, thus speaks of the lawyer: " In the American State the great and good lawyer must always be prominent, for he is one of the forces which move and control society. Publie confidence has generally been reposed in the legal profession. It has ever been the defender of popular
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rights, the champion of freedom, regulated by law, the firm sup- port of good government. In times of danger it has stood like a rock and breasted the mad passions of the hour, and firmly resisted tumult and faction. No political preferment, no mere place, can add to the power or increase the honor which belong to the pure and educated lawyer. The fame of Mansfield and Marshall and Story can never die. 'Times iron feet can print no ruin-trace ' upon their character. Their learning and luminous exposition of our jurisprudence will always light our pathway. It is our duty to preserve the prestige of the profession. The past, at least, is secure; the present and future summon us to action. With the prog- ress of society and the increase of population, wealth and trade, varied interests arise, and novel questions requiring more thought confront us. A disregard of the law has been developed, crime meets us unabashed, and corruption stands unmasked in the high places of the land. It is no fancy picture that the law has, to some extent, lost its authority, and it is only the shade of that which once was great. Hence, new duties are imposed, and a firmer cour- age is required. * The exaltation of the profession is a duty en- joined upon us. It is a debt which only death can discharge. Lord Bacon has said, 'Every man is a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereto.' Every lawyer is a debtor to his profession. If worthy, it gives him an honorable character and high position. The lawyer should prize and love his profession. He should value its past renown, and cherish the memory of great men whose gigantic shadows walk by us still. He should love it for the intrinsic worth and innate truth of the fun- damental truths which adorn it."
In compiling a history of the bar one is astonished at the small amount of material for a memoir of those who have been so inti- mately connected with and exerted such influence upon the country's welfare and progress. Aside from the few who have become great, whose names are emblazoned on history's page, but little is known of many who at one time were very prominent in the legal profes- sion in the county.
THE EARLY BAR.
Scott County was organized in 1838, but previous to this time several members of the profession had settled in the county first,
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of whom was Gilbert C. R. Mitehell, who subsequently became judge of the District Court, and who for many years, and until his death, was an honored member of the bar of the county. A sketch of Judge Mitchell will be found in another part of this work.
Alexander W. MeGregor came about the same time with Judge Mitchell, and it is a disputed question with many of the oldest settlers as to which of the two arrived first. Suffice it to say that it was not Mr. MeGregor's intention when he settled here to engage in the practice of law. He first went on a farm, where he re- mained several years, and then moved into Davenport, where he hung ont his shingle, and served his elients to the best of his ability Mr. MeGregor served a term in the General Assembly of the Terri- tory. He died about 1859.
S. B. Hastings came to the county in 1836 and settled at Buffalo, then the metropolis of the county, where he remained about one year and then moved to Muscatine County. He was a good lawyer, and afterward rose to high rank as a lawyer and judge. He served as judge of the Supreme Court in this State for some years, and in the beginning of the gold exeitement in California he moved to that State, where he became distinguished, serving for many years as judge of the Supreme Conrt.
Jonathan W. Parker came in 1837, and was here on the organ- ization of the county, and at the first term of court was, on motion, admitted to practice at the Scott County bar. Mr. Parker never took high rank as a lawyer, but was highly esteemed as a eitizen. He served the county in the General Assembly. and at one time was the presiding officer of the Senate. He died of cholera in Cincinnati.
Simeon Meredith was here at the first term of the District Court for Seott County, and, on motion of Judge Mitchell, was licensed to practice and was appointed by Judge Williams District Attor- ney pro tem. He remained but a short time. as the " picking " for lawyers was very slim at that day. He is now dead.
James Grant was the next attorney to claim a residence in Seott County. Coming here for the sake of his health, and with the in- tention of being a farmer, he settled in Blue Grass township; but his talents were not allowed to remain idle, and he was almost compelled to resume the practice of his profession. A sketch of the Judge will be found in the chapter on "Courts of Scott County."
Ebenezer Cook was admitted to the bar about 1840, and was identified with it to a greater or less extent until his death, though
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he, in later years, gave his attention almost exclusively to banking and real estate business. A sketch of Mr. Cook will be found among the prominent. dead of the county.
Charles Weston came to the county and purchased a farm, and also engaged in the practice of his profession. A sketch of Mr. Weston will be found in the chapter on "Courts."
John P. Cook was an able member of the bar of the past, and did a large and lucrative business. Various references are made to Mr. Cook in this volume; a speech delivered by him at the Old Settlers' Meeting on the occasion of its first festival is given in full; and a sketch of him is given in the chapter of the "Prominent Dead."
Jolin L. Davies was a practitioner at the Scott County bar for some years. He is now dead. A sketch of him appears among the " Prominent Dead."
John F. Dillon, ex-judge of the United States Circuit Court for the eighth judicial circuit, was born in Washington Co., N. Y. on the 25th of December, 1831. His father was Thomas Dillon. His paternal and maternal grandfathers were each born in Ireland, and emigrated to this country at an early age, and settled in the State of New York, from whence his father immigrated to Iowa.
In 1838, when he was little over seven years old, his parents re- moved from Herkimer Co., N. Y., to Davenport, in the then Territory of Iowa, in which city he has resided ever since. He commenced the study of medicine at the age of 17 years, under the direction of Egbert S. Barrows, M. D., then the leading physi- cian of Davenport. He attended two courses of medical lectures at the Keokuk Medical College, and graduated at the age of 21 years. He entered upon the practice of his profession, but finding after a trial of a few months that it did not accord with his tastes, he commenced reading law in the office where his sign as a physi- cian was displayed. He was licensed as an attorney in Scott County, Iowa, in 1852, and at once commenced the practice of his new profession. This year he was elected prosecuting attorney for Scott County.
In 1858, when 27 years of age, he was elected by a majority greatly exceeding the majority of his party as the Republican can - didate for judge of the seventh judicial district of Iowa, a district then composed of the four populous counties of Scott, Muscatine, Jackson and Clinton. The first work he did after his election was the giving of a close, critical study to all the then reported
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decisions of the Supreme Court of the State. This resulted in the preparation of his first legal work, "A Digest of the Decisions of the Supreme Court of Iowa." In 1862 he was re-elected without any opposition, the bar of the district, without distinetion of party, uniting in a request to him to continue in the office. During the year following his second election, he was nominated by the Repub- liean party of his State for one of the judges of the Supreme Court, and was elected for a term of six years, taking his seat the 1st of January, 1863. In 1869 he was unanimously re-nominated and re- eleeted for another term of six years without any considerable opposition, but before he qualified under his second eleetion, and while still holding the office of chief justice of the Supreme Court, he was nominated by the President and confirmed by the Senate as cireuit judge of the United States for the eighth judicial cireuit, embracing the States of Minnesota, Iowa, Nebraska, Missouri, Kansas and Arkansas, and reeently, also, the newly admitted State of Colorado.
During the time he was on the Supreme Beneh of the State he commenced collecting data for a work on "Municipal Corpora- tions " and having become bound to the publishers to prepare the treatise, he was compelled to write it out after his aceession to the Federal Beneh.
The work had an extraordinary sale. The first edition of 2,500 copies, published in the year 1872, was exhausted in a few months, and the second edition, expanded into two volumes, is already gone. The royalty to Judge Dillon on the two editions was the sum of $10,000.
In 1872, seeing the necessity for a first-elass law journal in the valley of the Mississippi, he was instrumental in setting on foot the publication of the Central Law Journal, himself sketehing ont the plan and for a time contributing much of the material. Hav- ing given it a fair start, and being unable longer to give it super- vision, he committed the management of it to Seymore D. Tompson, of St. Louis.
He has held 13 terms of court every year for the last six years in seven judicial distriets and six States. In addition to his other labors he has edited and published three volumes of " Circuit Court Reports," mostly his own opinions.
Judge Dillon's opinions on the Supreme Beneh of the State may be found in the 12 volumes of "Iowa Reports " from the 15th to the 28th volumes. During this period the judges adopted and rig-
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idly maintained the habit of consulting thoroughly upon every case before the opinion was written. These consultations extended to an agreement upon the facts of the case, upon the judgment to be rendered, and upon the grounds on which the judgments should be placed. This system of voluntarily enforced discipline could not fail to be productive of important results, and the decisions of the Supreme Courtof Iowa naturally acquired a high standing through- out the Union and carried with them at home the additional weight which attaches to the understanding that an opinion of the court was not merely the opinion of a single judge.
On the 10th of November, 1853, Judge Dillon married Miss Anna, daughter of the Hon. Hiram Price, for many years mem- ber of Congress for the second district of Iowa.
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