USA > Iowa > Polk County > Pioneers of Polk County, Iowa, and reminiscences of early days, Vol. I > Part 33
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"Alonzo F. Dix, B flat bugle.
"Horace M. Bush, French horn.
"Wiliam Deford, French horn.
"John B. Boyd, bass drum.
"George Sneer, snare drum.
"Our first trombone, Karns, the tailor, he who made 'Billy' Moore's fine broadcloth wedding suit, took the heavy task of teach- ing us to read notes and play the simplest scale. He had been a member of a band, and could play the trombone to perfection. Our first meetings were held in Doctor F. C. Grimmel's office, on the Commons, where the Catholic School now is. The old rail fence had been removed from the field where Doctor George Grimmel, as a boy, plowed corn barefooted. The office fronted on what is now Grand Avenue. It was so small there was not breathing room for us, and the chaos of sound soon deadened our senses, and we had to find another place. We went to the old first Court House, but there were so many demands for it-it was used as a place of worship
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CYRUS MOSIER
by all the churches except the Methodist and First Prebysterian, and for public gatherings and the court-that we were soon forced out. We then interceded with the Trustees of the Fifth Street Methodist Church, to permit us to meet in their little frame meet- ing-house, where the Iowa Loan and Trust Company Building now is. As we had no big fiddles, nor wicked little dance fiddles, and 'Bill' Deford was somewhat of an exhorter, 'Hod' Bush, and, I think, two or three others, were Methodist-in fact, we all leaned that way, for a majority of the pretty girls in town attended that church-we readily got the consent.
"The house was open, and as cold as a barn. It had once been tipped over by a cyclone, but straightened up and propped by poles. A small Franklin wood stove was all the means for heating. We arranged the old-fashioned, high-backed wood benches around the stove as support for our music and the sconces, in which were placed the 'tallow dips,' which we snuffed with our fingers. The teacher- we had secured Professor Hess, of Saint Louis, a master of all brass instruments-who beat time with the wooden stove poker, and scolded us in several languages beside Dutch when our breaks were so bad as to excite his disgust. But we pounded away there until we were able to appear in public."
The band was a notable acquisition to social affairs in the town, with its aid in celebrations and the many schemes for raising funds for different societies, but after a few months it collapsed, as one of the members once said, "for want of wind." Of the eleven members, not one is now living, Cyrus being the last survivor.
In 1856, Cyrus began teaching Winter school in the rural dis- tricts, and so continued until he began court reporting, in 1858. He was a prodigious reader and always a zealous student. He early began to investigate the subject of Indian mounds, so many of which existed in the Des Moines Valley, and that of the Missis- sippi. There were fifteen of them on the plateau abutting the two rivers here, one near the corner of Fourth and Walnut, on which "Billy" Moore built his dwelling-house; another where the Court House now stands (the Sacs and Foxes had a war dance there in 1854) ; another at the corner of Fourth and Court Avenue, oppo- site The Register and Leader building. The others were scattered
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in various localities. His research, investigation, and travel con- vinced him beyond a doubt that the Mississippi Valley was once a populous empire, millions of whose subjects repose in mound sepul- tures scattered over our valleys and prairies ; that we to-day tread on the ruins of a civilization older than that of the Aztecs, of a people divided into stationary communities, who, centuries in the past, possessed the arts of semi-civilized life, who worshipped the elements, whose form of government subordinated the masses to hereditary power, as revealed in marks they have left. To what race they belonged has not been revealed, but, reading from archæe- ological investigations made, the conclusion is that, after centuries of warfare, they were driven southward into Mexico by the ances- tors of the Indians.
In 1867, Cyrus was elected County Superintendent of Schools, but resigned during the second year of his term because the duties of the office interfered with his court reporting.
In 1889, he was appointed by President Harrison a special agent of the General Land Office of the Interior Department at Washington. In 1893, he was removed by President Cleveland, to make room for a Democrat, but in 1897, was reinstated by Presi- dent Mckinley, and held the office three years, when he resigned because of failing health. The duties of the office were of respon- sibility and trust, requiring the supervision of Government land in Washington and other territories, to prevent the sequestration of timber by the lumber hog, or minerals, and other encroachments upon the public domain. The conditions of living were such his health became seriously impaired. While in this service, he made a large and valuable collection of curios.
He was an active member of the Old Settlers' Association, and always added zest to its gatherings by his presence and reminiscent lore.
Socially, he was genial, a good mixer, a rapid-fire talker, and took part in whatever was doing for the enjoyment and pleasure of the community. He was a charter member of Emanuel Consistory, Number Two, A. A. S. R., of the Masonic Order, organized in 1867. The last few years of his life were embittered by physical disability.
January Seventh, 1906.
SAMUEL N. DYER
L ATE one day in the last week of October, 1851, Samuel N. Dyer sailed into Raccoon Forks in a prairie schooner, with his family, and tied up for the night at the Marvin House, on Third Street. The next morning, he went house hunting, and found a small vacant dwelling on Walnut street, where Vorse's implement warehouse stood for many years afterward, but it was so uninhabitable, he soon after moved to one of the double log bar- rack cabins in First Street, near Walnut. Conrad Stutsman, a radical East Sider, had built a tavern at the corner, which he named "Pennsylvania House."
In 1855, Colonel S. F. Spofford and J. C. Warner purchased the corner, enlarged and completed the tavern, the south end join- ing Dyer's cabin-or Sam., as he was better known by everybody- in fact, there was no caste among the pioneer settlers. They knew each other well, and it was Jeff. Polk, Lamp. Sherman, Ed. Clapp, Hub. Hoxie, Pete. Myers, "Billy" Moore, "Jim" Savery, "Dan" Finch, Frank Allen, "Sammy" Gray, "Tom" Mitchell, "Jimmy" Jordan, "Bill" McHenry, Father Bird, Elder Nash, with several Kentucky and Virginia Captains and Colonels. It was simply an impulsive expression of a fraternal good fellowship. Among the "Colonels" was Barlow Granger. The venerable Judge George G. Wright, a man, as we all know, of truth, veracity, and the utmost circumspection, once related to a lot of old-timers how Barlow got his title :
"Captain Allen, the commander of the troops at The Fort, before departing, was given orders to send in the name of some suitable person, to be commissioned Colonel and Commander of the Home Defenses, for safety when the United States troops were withdrawn, for the Indians were still here. The Captain had so many good friends, and all good men, that he determined to make the selection in a very impartial manner. So he sent out word
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one day (without mentioning the direct purpose) to Alex. Scott, Doctor Brooks, Isaac Griffith, P. M. Casady, Will. Porter, Barlow Granger, M. M. Crocker, W. W. Moore, James A. Williamson, Harry and J. M. Griffith, to meet him at "Coon Point quarters this evening.' All were there. Sentinel at the door. The Captain said: 'Friends, I have a great honor to bestow, ordered and com- missioned by the Government so to do, and in justice to you and myself, I must do so impartially. So now, gentlemen, I must put you to a test' [then Isaac Griffith gave one of his soft whispers, so as not to disturb the sentinel outside, and Barlow ran his hands into his pockets, and "Billy" Moore winked], but the Captain, not at all disturbed, said, 'Here is the test [lifting an army blanket from a large, good, sod-grown pumpkin, that rested on a puncheon bench] ; he who can bite the farthest into the pumpkin will be made a Colonel and Commander of the Home Defenses.' Each man, in about the order named, struggled and did his best, the Captain resetting the peg as each one distanced the other, but none over- reached Barlow, and he got to be Colonel."
Sam. had to vacate the cabin. It was weather-boarded, a new roof put on, and fitted up for a barroom. For many years, it was the trysting place of legislators, lobbyists, and politicians of that day. The political schemes concocted therein would fill a book, while the "corn juice" imbibed to wash them down would be sur- prising. "Whiskey straight" was the popular thirst quencher in those days, but the quality was evidently better than most of the stuff sold at the present time. The cabin remained a part of the "Demoin House"-so named by Spofford-until the hotel was torn down, to be supplanted by the new Postoffice.
In 1852, the rush to California had become so great the County Commissioners decided to get some benefit from it, and established a ferry over Des Moines River. Sam. was employed to run the ferry. It was not uncommon to see a line of covered wagons from the river to Four Mile Creek, every driver clamoring to be carried over first, some offering him five dollars to break the line, but he refused, and made them take their turn. The county did a good business, for thousands of teams were carried, and the toll was twelve and one-half cents for man and horse, thirty-seven and one-
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half cents for a wagon and two horses, fifty cents for a wagon and four horses, and five cents per head for loose animals.
While Sam. lived in that log cabin, his family got out of flour, and for twelve days they had no bread. There was wheat and corn enough, but no mills to grind them. "Uncle Johnny" Dean had a small mill on Dean Street-now First-on the cast side of the river, near where the casket factory is, but it was troubled with intermittent inertness, and they, as well as everybody, had to wait until flour could be hauled from Keokuk.
In 1855, Sam. was nominated for the office of County Treas- urer and Recorder by the Democrats, and, with Thomas H. Napier, candidate for County Judge, made a house-to-house canvass of the county. Napier was in many ways an original character. Sam. used to relate that one day they stopped at a farm house for dinner, and to grind their political axes, as it were. The good housewife set up a generous supply of "back-bones," a luxury well known to old-timers, together with other good edibles. Napier was hungry, and was making havoc with the "bones," not cleaning them very well, when he happened to see the mistress looking straight at him, with arms akimbo, whereupon he said, with all the suavity of the true Virginian, that he was: "Never mind, madam, I am in a hurry. The children can pick what I leave." The house was full of children, and the incident illustrated what the Judge subse- quently proved to be, as boss of all county affairs, eminently prac- tical.
Sam. was elected, for there were not enough Whigs in the county to form a Corporal's Guard. He served one term, and gave such satisfaction he was renominated and elected for a second term.
While he was Treasurer, he had to deliver the state funds to the State Treasurer at Iowa City, the amount sometimes being con- siderable. At one time, he and "Dan" Finch made the trip in a sleigh. It was extremely cold, the snow was deep, the roads were blocked, and they had to go where they could, much of the way over staked-and-ridered fences.
Although he owned property on the East Side, and resided there when the scrimmage over the location of the State House came on, in 1856, he was a non-combatant, for very prudential reasons. The
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West Siders would have made his second term a very uncertain quantity, for they were as mad as March hares over the result of the contest.
He was a cautious, conservative official, notable for integrity, high sense of honor, and was deservedly popular.
Socially, he was genial, big-hearted, ever ready to grant a favor or assist the needy, a generosity which overburdened him, for, like Alex. Scott, he became responsible for the promises and obligations of others who failed to fulfill them, so that in 1868, when he sold his property and settled his affairs, there was little left. He then removed to Kansas, and deceased in 1888.
He was an active and consistent member of the Presbyterian Church, an ardent friend and supporter of public schools, and all measures tending to promote morality and good government.
January Fourteenth, 1906.
- THE
Asso levain F 1002
JUDGE C. J. McFARLAND
JUDGE C. J. MCFARLAND
O NE of the most unique and noted characters of the very early days in Polk County and Des Moines was Cave J. McFar- land, the second Judge of the District Court, who stands out the most prominent in the judicial history of the state of any man connected therewith.
A native of Ohio, he came to Iowa when in the full vigor of early manhood; was of strong, athletic physique, which made him especially attractive anywhere; was social, convivial, and of pleas- ing manner. He stopped in Lee County, opened a law office, and was soon after elected County Attorney.
In 1851, he was elected Representative to the Legislature from that county. During the session, P. M. Casady, Senator from Polk County, prepared a bill creating the Fifth Judicial District, and when it went to the Lower House, McFarland opposed it, declar- ing it was simply "a scheme to give some poor lawyer up at Des Moines a salary of a thousand dollars a year as Judge." The bill, however, passed. Polk County, then, for election and judicial pur- poses, embraced the whole northwest part of the state west of Har- din County. Under that act, William McKay was elected the first Judge in the district.
In 1853, McFarland went to Booonesboro, resumed his profes- sion, secured a good practice, and became quite popular.
In 1854, at the Judicial Convention of the Democrats, to nom- inate a successor to McKay, P. M. Casady was a candidate, and McFarland also turned up for that "salary of a thousand dollars a year." The Whigs renominated McKay. Casady was elected by a large majority, qualified and received his commission, but soon after was tendered the office of Receiver of the United States Land Office, by President Pierce, which he accepted and resigned the judgeship without holding a session of court, greatly to the regret of the people, and especially members of the Bar, for, had he
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served, the unenviable notoriety and disgrace which came to the court would have been avoided.
Stephen Hempstead, of Dubuque, was then Governor. The Democrats unanimously recommended "Dan" Finch as successor to Casady, but the Governor, having Congressional aspirations, his term nearing its end, evidently wanted to get his fences in the best possible condition to corral the most votes, and he appointed McFarland, giving as a reason that in the convention which nomi- nated Casady, he had the next highest vote, and was therefore the logical candidate. Whatever may have been the reason, Hempstead never got to Congress.
At the next Judicial Convention of the Democrats, Polk County voted for Curtis Bates; Marion County, under the leadership of William M. Stone, for George May ; Boone County for McFarland. The contest was protracted and hot, but finally resulted in the nomination of MeFarland by a majority of one vote.
The Whigs nominated William W. Williamson, of Des Moines. The contest was a vigorous one. The northwest portion of the dis- trict was sparsely settled. Election precincts were indefinitely defined, or not at all. The voters of a settlement got together and fixed an imaginary line for a precinct, and then voted where they pleased. When the returns came in, Williamson was declared to be elected, by less than a dozen majority, and he was given his com- mission.
John Hull, a big politician in early days, in Boone County, and other friends of McFarland, contested the election, on the ground that it was void by reason of unlawful practices and gross irregu- larities in the proceedings. An investigation was made by the Board of Canvassers, and the votes were re-counted. It was shown that most of the returns were made on pages torn from blank books, on loose, variegated sheets of paper, unauthenticated by sig- nature, oath, or otherwise, of anybody as judges of election, or in what precinct the votes were cast ; that Williamson received several votes in Minnesota, or at least outside of the district; that the one majority vote which nominated McFarland was cast by proxy for an alleged county which had no existence. The Board threw out the votes cast for Williamson in Minnesota, and gave the majority
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to McFarland. Williamson's friends appealed to the Supreme Court, where it was held that, while there were irregularities in the manner of election, no fraudulent action had been shown; that the intent and purpose of the voter must be accepted, and the decision of the Canvassing Board was affirmed.
McFarland was one of the finest specimens of physical manhood -six feet in height, weighed nearly two hundred pounds, of sym- metrical form, of gigantic strength, which he was ever ready to demonstrate if occasion required, dressed finely, and wore a heavy, black, glossy beard. He was fearless, dissipated, humorous, kind- hearted, sympathetic and reckless ; had many faults, yet many vir- tues, which, with those knowing him best, outweighed his frailties. As a Judge, he was eminently just, ever inclined to disregard the letter of the law if thereby exact justice could be obtained. His sympathies were always with the weak. A client with a better lawyer got little advantage therefrom, for the Judge would find some way to overcome it and help the weaker side.
His faith in a jury was implicit. It was his rule to sustain them, and overrule all motions to set aside verdicts. He studied the case before him, and so soon as he was satisfied where the equi- ties rested, to that side he gave the influence of the court. His decisions were rarely reversed. Exact justice was his dominant desire, regardless of technicalities, lawyers, and often the law itself. The lawyers of the district were loaded with proof of that.
Probably no one knew the Judge better than "Dan" Finch, one of the foremost lawyers of the state. They were strong personal friends, traversed the circuit in a buggy, stopped at the same hotel, ate at the same table, and slept in the same bed, which, supposedly, would give "Dan" an advantage in court, but when on the bench, personal friendships had no weight, and "Dan" often declared that the Judge took especial delight in ruling against him. On one occasion, he was trying an important case at Marietta, then the County Seat of Marshall County, as attorney for the plaintiff. Important financial interests, as well as close points of law were involved. It occupied several days, running to the closing hours of the last day of the term. The trial had not progressed far before he discovered that not only four big lawyers, but the court, was
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against him. He finished his final speech to the jury about nine o'clock in the evening, when the Judge at once began orally to instruct the jury. The law then required such instructions to be given in writing on demand of either party. "Dan" concluded that the Judge's speech was more like that of a lawyer than an impartial Judge. He arose and called the attention of the Judge to the statute, and requested that the instructions be reduced to writing, to which he replied: "Daniel, take your seat." "Dan" sat down, and the Judge resumed his speech. "Dan" arose again and repeated his demand, to which the Judge retorted : "Daniel, sit down, and stay there. Mr. Sheriff, if he arises again, take him to jail and keep him there until further orders." "Dan" was up in an instant, called the attention of the members of the Bar pres- ent to his demand, as he might need their affidavits in further pro- ceedings, and sat down. A moment after, the Judge said to the Clerk : "Give me some paper, a pen and ink, and I will give that d-d young man more written instructions than he wants." The instructions were very short, and substantially told the jury to find for the defendant.
The Judge and "Dan" then went to their room at the tavern, to wait return of the jury, and sat down. After a long silence, the Judge said : "'Dan,' don't you think you made a d-d fool of yourself ?" to which "Dan" retorted: "I know you have," which made the Judge mad. He declared he would mash "Dan's" head, and started for him, when the Sheriff appeared and announced that the jury had agreed upon a verdiet. They returned to the Court House, where the verdict was found to be for "Dan." The defendant's attorney made a strong appeal for a new trial, where- upon "Dan" simply reminded the Judge of his rule respecting ver- dicts. The Judge hesitated a few moments, and then said: "The verdict is a d-d outrage, but I will stick to the rule; the motion is overruled." Returning to their room, the Judge said: " 'Dan,' don't you think we both made d-d fools of ourselves ?" to which "Dan" retorted: "The jury did not say I have." "Well, let's take a drink and say no more about it," said the Judge.
On another occasion, at the first court held in Webster County, in a new, incompleted log building, without door, windows or roof;
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a rough pine table had been provided for the court and lawyers, and slab seats for the jury and spectators. A new Sheriff had been elected, who was present-a well dressed, portly individual, topped out with a plug hat, which he placed on the table beside "Dan." Being wholly ignorant of court duties, he asked the court for instructions, which were written out respecting opening court. He folded them carefully and placed them in his hat. The temptation to "Dan" was too great. Purloining the paper, he wrote another and put it in the hat. At the proper time, the court directed the Sheriff to open court. He went to the opening for a door and roared out :
"Hear, yo! Hear, ye! All who have grists to grind in this mill, bring them in forthwith."
"Hold on, there, Mr. Sheriff. What in h-1 is that stuff you are reading," roared the Judge.
"Your Honor, it is the paper you gave me," replied the Sheriff.
The Judge turned to "Dan," who was diligently looking over his papers, and said: "'Dan' Finch, that is some of your d-d work; I know it is."
On another occasion, the court was in session at Marietta, in a log cabin. A lawyer named Wood, or "Old Timber," as he was known all over the district, and noted for his fog-horn voice, was making his speech, when a man rode up, and hitched his mule near the open door. "Timber" was reaching the climax of his argument, when the mule burst forth with unearthly hee-haws. The Judge roared out: "Hold on, there, Timber; one jackass at a time is enough for this court."
On another occasion, at Newton, Harvey J. Skiff, a well-known old-time lawyer, and a Captain in General Crocker's regiment dur- ing the Civil War, was vigorously contesting a motion, when the Judge ordered him to sit down, which he did not do, whereupon the Judge ordered him to be fined. "Fine and be d-d," retorted Skiff. The Judge then ordered the Sheriff to take him to Des Moines and commit him to jail until further orders, but he soon discovered there were not enough officers in Jasper County to do it, and the matter was dropped.
With all his faults and frailties, the Judge had a warm heart. His sympathies were casily aroused, were deep and abiding. He
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was confiding, and thus liable to be deceived. As an instance, a voung fellow giving the name of Isaac Francisco had been indicted in Dallas County for horse stealing. He was a stranger, without money or friends, quiet, genteel, appeared the picture of innocence and the victim of untoward circumstances. The court requested "Dan" to defend him. In his own defense, the fellow told so plausible a story and so impressed the jury that, although they gave a verdict against him, they recommended him to the mercy of the court. When the Judge called him up for sentence, he said, with tears rolling down his cheeks, he wished he had the power to save so manly appearing a young man from the penitentiary. He then sentenced him to the penitentiary for one day. Immediately, the Judge, Grand Jury, Petit Jury, and every lawyer present, signed a petition to Governor Grimes for a pardon. The Judge then directed the Sheriff to go via Burlington and present the peti- tion to the Governor, which was done, and the Governor pardoned him. Three years after, a man charged with a heinous crime com- mitted in Hardin County was brought to the Des Moines jail for safe keeping. He sent for "Dan" to take his case. He was a fine appearing fellow, well dressed, said he had money coming to him, gave his name and residence. "Dan" looked him over carefully, and decided to sleep over it. During the night, he concluded the fellow was his old Dallas County client, over which the Judge had shed his tears. The next morning, he accosted him with: "Good morning, Isaac." He replied that his name was not Isaac, but "Dan" quickly convinced him that he knew him, whereupon he confessed the whole matter. That night he broke jail, and was never heard of again.
The Judge was rigidly opposed to unnecessary and useless court expenses, and cut them off wherever possible. In Marion County, a petition was filed by a man for a divorce. When the time came for the hearing, the man, his lawyer and a score of witnesses were present. The Judge, looking over the aggregation, asked the lawyer what he wanted of so many witnesses. "To prove the allegations in our petition," was the reply. "Take your decree; I know the defendant," said the Judge.
At another time, a fellow had been captured at Fort Dodge with a horse in his possession he had stolen. The Judge happened to
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be at Homer, the County Seat, and was told of the arrest. It was not court time, but he directed that the prisoner be brought to Homer at once, with the witnesses, which was done. He then directed the Sheriff to call in a Grand Jury. An indictment was found, when the Judge called him up and said to him: "Now, young man, if you plead guilty, I will send you to the penitentiary for only one year, but if you don't, and put the county to the expense of trying you, I will send you to the 'pen' until your hair turns white." The fellow pleaded guilty, received the sentence, and served the time.
Such a proceeding would probably not be affirmed by our present Supreme Court, but a little of it nowadays would be beneficial in many ways. It would save a vast amount of money and expenses, and secure swift punishment of crime. The summary methods of dealing with horse thieves and claim-jumpers by pioneer settlers' Vigilance Committees put a quietus on that sort of rascality, for the culprits, if caught, knew what was coming to them.
The Judge was chairman of the Iowa delegation to the National Convention which nominated Buchanan for President. His fine personal appearance, athletic physique, and heavy, glossy beard made him a conspicuous mark. A press correspondent describing the personnel of the delegations wrote of him as "a man with a flourishing crop of whiskers, whose luxurious growth doubtless exhausted such a large proportion of nutriment as to greatly affect the nerve center of the brain." When the Judge read it, he was furious, and declared he would "wipe the streets with his d-d car- cass" if he could find him, but he did not find him.
The Judge was patriotic. Immediately after the Spirit Lake Massacre, rumors came that the Indians were returning and mur- dering the settlers on their way. The settlers at once began organ- izing militia for defense, the Governor sending guns and ammuni- tion therefor. The Judge joined a company of one hundred mounted men from Boone County, armed and equipped for battle. Arriving at Webster City, they were met by the entire populace, when the Judge, arising in his saddle, exclaimed with his loudest voice: "The Boone Tigers are here. Bring on your Indians, and we will lick h-1 out of them."
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Seen upon the street, in a black frock coat, the skirts of which connected with high-topped boots, a stove-pipe hat, covering a big, round face, of changeable color, the Judge was sure to arrest the attention of a stranger, and elicit the query: "Who's that ?" to be answered: "Judge McFarland, of the District Court."
He was a good judge of whiskey, and, good or bad, could never "pass it" without "turning it down," and, when overloaded, it developed that keen sense of humor which inspired the many inci- dents related of him. It would be unjust to his memory, however, to omit mention of his many good qualities, which, to those who knew him well, offset his uncouth ways and unfortunate habits, for he was really a man of social instincts, and manners of a gentleman. His virtues were all extrinsic, his faults intrinsic, and in combina- tion so strong as to be rarely found in one individual. I know of no person who ever questioned his integrity, whether on or off the bench. What he lacked in legal acquirement, was compensated by intellectual capacity, stalwart common sense, and love of exact jus- tice, with which he was as well qualified to give as correct a guess -Iowa jurisprudence being then in its infancy, and precedents few-at the law and equities of a case as the average university lawyer of to-day. While appeals from him to the Supreme Court were innumerable, he was rarely reversed.
He died a horrible death, as the result of his bibulous habits. January Twenty-eighth, 1906.
APR 20 1953
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