History of Linn County Iowa Part 37

In 1862 came W. A. Dodge. During the early '60s George Greene and I. M.

Preston were in partnership, Greene having an office in Cedar Rapids and Preston in Marion. Hubbard and Stephens were in partnership in Marion in the early '60s, Stephens running the law business while Hubbard went to "the front."

The attorneys locating here in the '50s and '60s were engaged in railway promotion, in politics, and in booming towns, although they did not neglect banking and fire insurance. There were towns which had two or three lawyers in the early day which have none now, which would indicate that litigation in the early days was more profitable than later. In conversation with a number of the old lawyers this has been told, that the land business was the best paying law business during the pioneer days. It is also stated that much of the litigation in the early days was to defend horse thieves and other criminals. How true this is the writer does not know.

In the early days there was a cla.s.s of people called "Terrorists"

causing the settlers much annoyance and trouble. They were a band of looters who came along to scare people by reporting threatened Indian attacks, and when the settlers had fled to a place of safety others of the band came along and looted the abandoned houses. The "Copperhead"

movement also extended into this county during the early period of the war, and more or less litigation grew out of this excitement.

Among some of the well known lawyers of the pioneer days of this county who have played a more or less prominent part at the bar, in politics, and otherwise, may be mentioned John David and J. E. Sanford, who came to Iowa in 1840. They were both bright men and had an exceptionally large practice in land t.i.tles. Any examiner of abstracts in this county will find Sanford's name frequently as holding much of this land, also that of H. W. Sanford, a relative. Thomas Corbett came from the east in an early day, was one of the characters at Marion, and became a well known attorney, removing from Iowa in a short time on account of his health. He became a hero soon after he married a well known lady in Marion whose people were well to do. As Corbett had nothing but brains for a.s.sets, one of the brothers of the bride did not like this marriage and came to the house of a friend just after the wedding with a party of young fellows to horsewhip the groom, who was not a very large man, but an active one. The groom was not at all backward about meeting his antagonist and gave him a thrashing to such an extent that he had no cause to forget it very soon, much to the enjoyment of the crowd who all took Corbett's side. It was not long until Corbett displayed great ability as an attorney, and became financially successful as well.

Norman W. Isbell located in Marion in 1842, being a native of Ohio. He served as county judge, in which position he rendered excellent service. In politics he was a whig, but when the slavery issue sent that neutral party out of existence, Judge Isbell became a republican.

In 1854 he became a partner of N. M. Hubbard, which partnership continued up to about 1860, with the exception of the time when he held office. In 1855 he was elected supreme judge of the state, resigning in 1856 on account of failing health. In September, 1862, upon the resignation of Judge William E. Miller, Governor Kirkwood appointed Judge Isbell to fill the vacancy on the supreme bench. He was elected at the expiration of the term, but resigned in 1864, removing to California on account of illness, where he died of consumption the following year at the age of forty-six. All the members of the bar proclaim Judge Isbell one of the keenest lawyers who ever practiced in this county, at least in that day. His applications of legal principles were sound and his ill.u.s.trations apt and catchy. He was not a great jury lawyer in the true sense of the word, and perhaps not as well known among the ma.s.ses as many others, but among the legal fraternity Judge Isbell was looked up to as a safe lawyer and most excellent judge, who by hard study had attained to high rank among the jurists of this state. His son, N. G. Isbell, practiced a short time here, but removed to Michigan where he died many years ago, before reaching middle age.

[Ill.u.s.tration: METHODIST CHURCH, SPRINGVILLE]

[Ill.u.s.tration: HOME OF J. F. BUTLER, SPRINGVILLE]

Another lawyer of much ability and universally respected was Isaac Cook, a native of Chester county, Pennsylvania, who located in Palmyra, Missouri, in 1844, and later practiced law in Dubuque, and also in Marion, removing to Cedar Rapids in 1848. He was elected to the bench in 1857. Judge Cook was of a quiet turn of mind, a man who never gave a sidewalk advice which he had to take back. He was elected the first city attorney in Cedar Rapids in 1850, and was tendered a banquet upon his resignation from the bench in 1858. He was also the first president of a republican club organized in Linn county. Judge Cook died in 1878, honored and respected by all who knew him.

John Mitch.e.l.l came from Maine in 1853, entered Judge Isbell's office, and was admitted to the bar in 1857. He was later a partner of Judge Smythe and Judge Lothian. Mitch.e.l.l died a few years ago, one of the oldest pract.i.tioners in the county.

R. D. Stephens was born in New York in 1829, and came to Marion in 1855 without means, but with a splendid training and with a lively interest for business. He entered the law office of Isbell & Hubbard, later becoming a partner of Judge Hubbard. Mr. Stephens at an early date became interested in politics, and later became famous as a commercial lawyer and financier. He died in Cedar Rapids as president of the Merchants National Bank, and was rated one of the wealthiest men in the county. His son, R. D. Stephens. Jr., is now a practicing attorney in Chicago.

Joe B. Young was born in 1832 in Pennsylvania, and was admitted to the bar at Iowa City in 1853. He located in Marion and was prosecuting attorney in Linn county, a member of the legislature, and later a member of the state senate, and for a time pension agent for the state of Iowa. Joe Young was cross and crabbed in the court, frequently opposed the judge, as well as the opposing counsel, and displayed on many occasions bad temper, not to such an extent, however, that he ever lost sight of his client's interest or his case. He was a stubborn legal fighter and was recognized as a great lawyer who never gave up until he had exhausted all his resources. He died in 1876, one of the best known attorneys in eastern Iowa, universally acknowledged the greatest wit and the most sarcastic in retort of any man who practiced at the bar. He saw only one side of a case and that was his side and he always maintained that, backed up by proof, there was no other side.

Even in church matters he differed with the majority, and organized a new church, paying for it himself, so as to have things his own way. He was a most signal man in his profession, always a student, and seemed to know everything which would likely reveal where motives start and where the secret springs of conscience were in a long drawn out law suit.

D. M. McIntosh was a native of South Carolina, and located in Cedar Rapids in the '40s. He was small of stature, with a ruddy face and long hair, making an imposing figure in the court room. He possessed considerable legal ability, had many friends, and was one of the best known men in Cedar Rapids. He died in 1859, mourned by a large circle of friends, who for years remembered how this brilliant son of the south had on many occasions lighted up the dull path of the law with a glow of fancy and spiced his remarks by the charm of frontier oratory.

Colonel J. M. May was another attorney who was well known in Cedar Rapids, and who located here at an early date, and after him May's Island is named. He was erratic and wasted a large fortune in litigation with his relatives and neighbors over rights of various kinds. He died in Cedar Rapids a short time ago.

I. N. Whittam was another of the pioneer lawyers who died a few years ago, having located in Cedar Rapids in 1854. He a.s.sisted Judge Greene in getting out "Greene's Reports of Iowa." He was in continuous practice up to the time of his death.

Ellsworth N. Bates, coming to Linn county in the early fifties, was quickly known as the silver tongued orator of the Cedar Valley. He was the first city attorney, appointed in 1856, at $20.00 a year. He served till 1860. Mr. Bates won fame and honor as a lawyer and editor, and being a person of tact and force of character, he won many friends. His glowing tribute to the men who built the railway, at the June celebration in 1859, gave him prestige as a great orator. Mr. Bates enlisted in the Civil war and died from exposure a short time afterwards.

George Greene, who died in 1880 at the age of sixty-three, was one of the best known men in Iowa at the time of his death. Born in England, Mr. Greene educated himself in Buffalo, studying with George P. Baker.

In 1838 he came to Davenport and began to make a geological survey of Iowa. After he had worked for six months at this kind of work, which was not at all congenial, he located in Ivanhoe, Linn county, and taught the first term of school in that vicinity. In 1840 he was admitted to the bar at Iowa City, locating later at Marion, where he began the practice of law. The next year he was sent to the legislature. Here he became acquainted with the prominent men of the state, and as the law business was not flourishing he removed in 1845 to Dubuque, and while nominally in the practice he became editor of the _Miner's Express_, which was then one of the nourishing papers of the territory. Three years later he formed a partnership for the practice of law with J. J. Dyer. In October, 1847, Judge Wilson resigned his office of a.s.sociate justice and the governor filled the vacancy by appointing George Greene, who from that day to the day of his death became a figure of importance in politics as well as in financial affairs in Iowa. Judge Greene was a man of marked ability, having had excellent opportunities and being possessed of untiring industry. In 1848 he was elected one of the supreme court judges by the joint vote of the two houses of the General a.s.sembly and served for six years from January 15, 1849. During his term of office he reported the decisions of the court. These decisions were published in four volumes and are known as "Greene's Reports of Iowa." In 1851 Judge Greene removed to Cedar Rapids, where he engaged in banking and where he was one of the most active citizens in persuading manufacturers to come to this city.

He was instrumental in securing the Chicago & Northwestern, and the Burlington, Cedar Rapids & Northern Railways to pa.s.s through Cedar Rapids. In politics Judge Greene was a democrat until the Greely campaign, when he became a republican. Few, if any, have done so much among the early settlers in securing capital to be invested in Iowa.

Judge Greene travelled much and personally knew many financiers in this country and in England, many of whom invested much funds in farm lands, town lots, in bonds, and stocks, in Linn and adjoining counties. After locating in Cedar Rapids Judge Greene had a number of partners. While he, himself, did not devote himself actively to the law business, the firm generally had a large practice. He was in partnership with Judge Hubbard, Cyrus Benley, A. S. Belt, and with Judge Dudley.

A. Sidney Belt was a southerner by birth, a person of much ability, of engaging manners, and well known in his day throughout Linn and adjoining counties.

Colonel Isaac M. Preston was born in Bennington, Vermont, in 1813, the son of a revolutionary soldier. He learned the trade of cabinet-making.

At an early age he drifted west, remained for awhile in Ohio, and finally located in Marion in 1842, where he began the practice of law.

Three years later he was appointed district attorney, serving two years. In February, 1846, he was commissioned colonel to organize troops for the Mexican war. He served as probate judge of Linn county for four years. He was appointed by President Polk, United States attorney for Iowa in 1847. In 1850 he was elected to the house of the Third General a.s.sembly, and after serving one term was elected to the state senate where, during four years in the Fourth and Fifth General a.s.semblies, he was one of the most prominent legislators of that body and took an active part in the enactment of the Code of 1851. Colonel Preston had more litigation in his day and generation than any one person in this and adjoining counties. He was strong before a court, tactful and invincible before a jury, and especially in the defense of criminal cases he had no superior. The bar of Linn county during the early days was one of the strongest in the state, and Colonel Preston during his long and active practice before the supreme court, held a high place and was recognized as one of the leading attorneys of eastern Iowa, a position to which he early attained and which he continuously held up to the time of his death.

William Smythe was born in Tyrone county, Ireland, in 1824. He emigrated with his parents at the age of fifteen to America and located in Linn county in 1840. He studied law at Iowa City, and in 1848 opened an office in Marion. In 1853 he was appointed judge of the fourth judicial district, serving four years. In 1858 he was chosen by the Seventh General a.s.sembly one of the three commissioners to revise and codify the laws of the state. This work was accepted by the legislature and became what is known as the "Code of 1860." Judge Smythe was also appointed upon a commission of legal inquiry, and was one of the commissioners to negotiate bonds by the state to provide a war defense fund. He served two years in the army as colonel of the Thirty-first Iowa Infantry. In politics Judge Smythe was a republican, and from the beginning of his legal career he took more or less interest in politics. In 1868 he and Judge Hubbard were the republican candidates for congress, a campaign which was waged with much bitterness, so much so that friend turned against friend and neighbor against neighbor. It is said that a few days after Hubbard's defeat he met a shoe-maker on the street who had been a former friend but who had been persuaded to vote for Smythe, and Hubbard said to him, "Jack, you will not need to buy any bristles any more, just reach your hand over your shoulder and you can pull them out of your back, for there is nothing about you but a hog anyway."

After Judge Smythe's nomination William Leffingwell was put up by the democrats to beat him, Leffingwell being one of the noted orators of the state, but Judge Smythe was victorious. He attained to a high place as lawyer and as a constructive statesman. He possessed a profound intellect, was popular among the ma.s.ses, and a just and honorable man.

He pa.s.sed away when he had just reached middle life, one of the ablest and most versatile men in Linn county at the time of his untimely death.

Judge N. M. Hubbard, who was a unique character and one of the best known men in Iowa for many years, was born in Oswego, New York, in 1829, the son of a Methodist minister. He was reared on a farm and began life as a blacksmith, although later he obtained a university education. Judge Hubbard located in Marion for the practice of his profession in 1854, later removing to Cedar Rapids. In February, 1856, he was a delegate to the state convention which met at Iowa City, where he helped to organize the republican party. During the war he a.s.sisted in organizing the Twentieth Iowa Volunteer Infantry, in which he was chosen a captain, serving under General F. J. Herron. In March, 1863, he was promoted to judge advocate and served in the army until he was breveted major in 1865. This year he was appointed district judge, resigning after having served a year, to accept the position of general attorney for the Northwestern railroad in the state of Iowa.

The sayings of Judge Hubbard would fill a book of many pages, but many of them would need to be sterilized before put into type. Many of these witty remarks are still repeated during a lull in the court room when stories take the place of dry facts. He was truly an original character, not only as a political manager of a great political party, but as railway counsel, and as a person who filled a large place in the political arena of Iowa for many years. A few of these sayings may give the reader an idea of the man as he really appeared during these years of his political and legal career in Iowa.

At one time being asked how a new a.s.sistant behaved who had been appointed local attorney for the railroad of which Hubbard had charge, he replied, "Tim is a real bull in a china shop; what he don't smash he dirties."

Speaking at one time of a technical lawyer, he added, "here is my friend J, he is so technical that he will fall all over a crowbar to hunt for a pin and not even see the crowbar, mind you."

While judge on the bench, some pompous doctor who was a witness asked leave to go home to look after his patients, and the judge quietly replied. "You had better stay here so as to give your patients a chance to get well."

At another time an attorney who had formerly been governor got the worst of it in Hubbard's court, and he appealed to him as a man and friend, saying that the judge evidently must have forgotten that he held his position due to his appointment while governor. Judge Hubbard coolly replied, "Yes, I remember that very well as being the only decent act of your term of office," and went on ruling against him as he had before.

On a hot June day Hubbard was trying a case against John Weare, one of the old pioneer bankers of this county. There was a lull in the proceedings, and as the jury was walking out of the court room Weare pulled out a large red handkerchief to wipe the sweat from his brow, when Hubbard in his peculiar articulation, for which he was noted, piped out, "John, it makes you sweat to tell the truth, don't it?" The crowd laughed, and the cutting sarcasm was never forgotten or forgiven by the aged banker, who was at the mercy of his old antagonist.

During one of the many political campaigns a Des Moines paper accused Hubbard of giving away five hundred tickets to delegates. He was asked by a friend about this and Hubbard replied. "That is a lie, I gave away eleven hundred tickets this year, that is all."

During the Parrott fight for the governorship of Iowa, Hubbard at first supported his old friend, but when he saw the turn affairs were taking he suggested that Parrott withdraw, but the candidate refused, adding that he had so many delegates pledged, and furthermore felt that he had Providence on his side. Hubbard simply replied, "Well, you can take to Providence and I will take to Shaw."

While arguing a case before the supreme court, the opposing counsel had pounded the table a great deal during his lengthy argument. When he concluded, Judge Hubbard arose to reply in the following little speech: "I am strong. I can pound this oak table to pieces for I have been a blacksmith in my time, and I will pound this table into splinters if you say and if it will help me to win this suit." He went on in this manner until the members of the court laughed, and even the opposing counsel saw the ridiculousness of his performance.

[Ill.u.s.tration: METHODIST CHURCH, PALO]

[Ill.u.s.tration: SCENE AT SPRINGVILLE]

During one of his last appearances in court he was called by the opposing counsel an "old mossback who might have been a great lawyer, but that was many years ago." When the lawyer concluded all eyes were turned on the old judge. As he arose to reply he said: "True. I am old and not what I used to be, and I suppose I am fast getting to be an old mossback." Then he went on telling of the old lawyers he had known at the bar in Iowa in the early day. He spoke of the methods of the old advocates, and of their bitter political fights, then added, "They never tried to bolster up a witness, defraud an antagonist, or blackmail a client as they do now, and if the real up-to-date lawyer must do such a thing in order to become great and prominent, then I thank G.o.d I am an old fogy of a lawyer and belong to the former generation."

Judge Hubbard at one time abused Bill Harper most unmercifully in a suit, and Bill Harper threatened that he would maul Hubbard into a dish of jelly at sight. The judge one day appeared in court shortly after the trouble, when Major Thompson said, "Judge, Bill Harper is looking for you." The judge looked around, for he feared Harper, and not seeing him, replied in somewhat of a gusto, "I saw him in the park and if he had done anything to me, he would never have been Bill Harper at all, he would have been dead."

At another time while the judge was defending a railroad company in a damage suit involving a large amount of money a colored man had sworn positively to facts in a case which everyone thought he knew nothing about. In the trial of the case the judge turned to an old friend, and a "Copperhead," saying, "I am glad there are some Copperheads here; I fought to free the n.i.g.g.e.r. I stood up to be shot at, now, by gosh, I am a Copperhead. A man who will swear in court like that n.i.g.g.e.r did today ought to be a slave and should never be free."

Judge James H. Rothrock was a native of Pennsylvania, and as a mere lad removed to Ohio where he acquired his education at Parker's Academy and at the Franklin University. He was admitted to the bar at Greenfield, Ohio, removing to Tipton, Iowa, in 1860. He was elected to the house of representatives in 1861 and was elected speaker pro tem. He entered the army as lieutenant, and upon his return from the army formed a partnership with Judge W. P. Wolf, which lasted until he was nominated for judge of the eighth judicial district in 1866. He performed services as judge in that district with ability and impartiality. He was serving his third term when he was appointed to the bench of the supreme court.

A few stories may be related of Judge Rothrock which in a way ill.u.s.trate his wit and exemplary character:

Judge Rothrock had been trained in the general principles of law and did not go much on statute law. At one time he was one of a committee to examine a number of persons for admission to the bar, and a young, bright fellow seemed to have committed to memory much of the statute law of the state, but knew nothing of general principles. The judge quietly said to the young man. "You surely are in a bad way, my friend, because the legislature might in a night repeal all the law that you know."

At another time he was on the bench in Linn county when George W.

Wilson, as receiver, brought in a wagon load of books to prove up a certain a.s.signment. Judge Rothrock asked why all these books were brought in, and Wilson replied, "To show up the receivership in the case, your honor." The judge smiled and said. "Don't you think this failure was due to too much bookkeeping?"

At one time as he was a.s.signing cases, and not being familiar with some of the members of the bar, Tom Corbett appeared in a case a.s.signed for trial. The judge quietly asked Mr. Corbett's name and as Mr. Corbett arose to speak Judge Hubbard blurted out. "Jot him down plain Tom, that is enough." Mr. Corbett blushed crimson, whispering to another attorney that he would get even some day. Judge Hubbard many times afterwards became the prey to Corbett's heartless raillery, his sharp retorts, and pungent wit.

At one time there were a number of lawyers engaged in a hotly contested will matter where Judge Rothrock presided, and as the attorneys talked back and forth across the table and there was more or less disturbance in the court room, the judge leaned quietly over, saying in a very pleasant manner to one of the lawyers who had done most of the quarreling, that he did not see why he was sitting there. The attorney quick as a flash replied, "You've got me now, Judge, I don't know."

After his retirement from the bench Judge Rothrock was frequently called in to a.s.sist other attorneys in the trials of equity cases. It became a standing joke among the members of the bar that when they found cases in which Judge Rothrock had written the opinion which held just the opposite of what he was contending for, they were certain to rub it in, much to the judge's embarra.s.sment.

While Judge Rothrock resided at Tipton he came up to Marion to preside over a term of court and as there were but few persons around he asked the bystanders if there was anything doing this term of court, to which they replied that they did not know. He said, "Is Doty here," and they replied that he was. Then he asked, "Is Harper here?" and they said he had been present for the past day or so. Then he said, "Bailiff, take my grip and coat, there will be something doing this term of court; I guess I will stay awhile."

It was Judge Rothrock who made the famous entry of record in several cases after Doty and Harper had fought for thirty years, "settled by agreement, each party to pay his own costs, peace declared, the same being duly ratified by the court." During these years Harper had lost everything he had, and Doty was content to have his lawyer share the income out of an eighty acre tract of land and thus felt that he came out about even. He figured that the lawyer got the better half of the income of this farm during all the years the litigation continued.