History of Linn County Iowa Part 38

In 1876 Rothrock was appointed member of the supreme court. He removed to Cedar Rapids, where he resided until his death in 1899. For thirty years he was a member of that body and materially a.s.sisted in laying down many sound legal principles which courts in the west have since followed.

Judge Rothrock was not known as a brilliant judge, but was profound, and a man endowed by nature with the judicial temperament which so well fitted him for the bench. His opinions have always been known for clearness of apprehension, tempered by integrity and impartiality.

J. J. Child, a native of the state of New Jersey, drifted into Cedar Rapids in 1854 for the practice of his profession. He was a large man, somewhat stooped, of scholarly attainments, and besides had more than ordinary native ability. Few, if any, excelled Mr. Child in knowledge of legal principles and their application to existing facts, although many excelled him in the court room and before juries.

J. J. Child, J. J. Snouffer, and I. N. Whittam were instrumental in obtaining the special charter for Cedar Rapids in 1856. In the munic.i.p.al affairs of Cedar Rapids Mr. Child held many offices up to the time of his death in 1889. He possessed talents of a very high order, but his mode of life lessened his influence in the community. Capable of most any position, he achieved little or no success, and died poor and unknown, because the baneful influences of drink sapped his vitality and ruined a brilliant intellect.

One of the most original characters in the '70s was Jerry Lynch, who had practiced law in Benton county before coming to Cedar Rapids. Mr.

Lynch was resourceful as a lawyer, had a keen sense of humor, and possessed a great deal of ability. It is said that when Jerry had two gla.s.ses to the wind he was in his element, especially in defending a criminal, for it is said of him that "he always denied everything and asked for proof." At one time he was prosecuting certain persons and realized that he had no proof. The rain was pouring down, and as he looked out of the window he said with all the dignity of a judge, "Your Honor, on account of the inclemency of the weather I dismiss the case."

At another time he was opposed by several lawyers who made fun of his partner's military record. There is nothing that so touches the Irishman's heart as an exhibit of disloyalty, and Jerry arose to reply, saying, "My friend on the other side laughs at my co-counsel's military record. Let me tell you what he did during the war. He sat on top of the northern mountain peak of Vermont with his breeches padded ready to slide into Canada at the first intimation of the draft." There were a number of soldiers on that jury and it is needless to say that Jerry won his ease, regardless of the legal questions involved.

Mr. Lynch at one time defended a saloonkeeper, and was waiting his turn as Judge Shane pa.s.sed sentence of "guilty" upon one after another.

Jerry arose to speak for his client saying, "It is an unpleasant duty I am called upon to perform. I defend the worst saloonkeeper in Cedar Rapids. He runs the worst hole-in-the-wall in Cedar Rapids, and I have been in there myself and I am ashamed to tell your honor that it is so.

I am not defending my client, for he is a law-breaker and everybody knows it." And he went on telling about the depraved individual who ran the saloon, and then he began: "I am not defending the saloon, I would not be here for that, but that man has a wife and children, and as nice children you ever did see." Then he went on telling about the kindness of that wife who was mistreated by a drunken brute of a husband till tears came into many eyes in that room. The sympathies of the judge were aroused and Jerry's client was duly acquitted.

Frank Hormel came to Cedar Rapids as a young man, from Ohio, possessing education and courteous manners. It might be well said of him, that from nothing he attained to an income of $10,000.00 a year. Mr. Hormel was lank and lean in appearance; was a student who devoted his nights to old "Father Antics," the law. He argued to the court with much success and was discreet and dexterous before a jury. He was kind hearted and generous to a fault, and attracted friends by the brilliancy of his conversation.

Mr. Hormel has been declared by the older members of the bar as a remarkable man for adroitness in a law suit and for knowledge at every stage of the case. He was a person of many parts and varied culture, who just before he had turned fifty was literally worn out on account of the strenuous life he had been living. He set his stakes high and paid the penalty.

Just after the Civil war a number of young men drifted into Linn county, a number of whom had seen service and who later became lawyers, doctors, and bankers in this and adjoining counties.

Among a number of attorneys who located here during the '60s these may be mentioned: Mason P. Mills, John J. Powell, Charles B. Keeler, Frank Hormel, Judge Leach, Judge Spangler, T. J. Dudley, Jr., A. R. West, H.

G. Bowman, D. L. Palmer, J. C. Davis, J. W. Bull, A. V. Eastman, Henry Rickel, C. M. Hollis, C. S. Lake, Judge J. D. Giffin, Colonel Charles A. Clark, B. F. Heins, and many others. These were all young men and all became more or less noted in the legal profession, as well as socially and politically.

Mase Mills was a business getter, but not a sound lawyer. He neither had the ability nor inclination for discrimination. He said of himself that in his native place when a boy, when a medicine faker threw out peanuts for the boys to fight over, he always got his share. In the rough and tumble of law suits he was fairly successful for the reason that he always a.s.sociated himself with lawyers of ability. He was a jolly good fellow, a great mixer, and knew men.

Mr. Powell had been in the army, was a college graduate, and soon took a leading place among the attorneys at the bar in this county. He pa.s.sed away in January, 1908, one of the best known and most highly respected citizens of the city of Cedar Rapids.

Benjamin Franklin Heins was in his day and generation a much talked of man. Of Ben Heins many stories may be told. He was noted for getting his English mixed and his penmans.h.i.+p conformed to no rule, while Murray's grammar had never come under his notice. A wag once demurred to Ben's pet.i.tion as follows: To count one, for the reason that it could not be read; to count two, because it was unintelligible, and the demur was sustained. Ben ran for alderman and gave up a day or two before election, as he had one hundred votes to the good. The day after election his friends met at his office to ascertain the cause of his defeat, when Ben broke out, "Well, gentlemen, I did not know till today that there were two hundred liars in my ward."

[Ill.u.s.tration: THE BLACK HAWK PURCHASE (map)]

[Ill.u.s.tration: VIEW OF SPRINGVILLE SOON AFTER TOWN WAS FOUNDED]

[Ill.u.s.tration: FIRST STORE IN SPRINGVILLE]

[Ill.u.s.tration: SHOWING DES MOINES COUNTY SUBDIVIDED (map)]

Ben was not a great lawyer, but he had much business. During the Texas oil speculation one of the oil boomers came to Ben and offered him fabulous wages to take him around among his German clients to sell oil stock. Ben soon saw the trick and replied to the boomer as follows: "My enemies won't bite on this proposition, and I do not wish to soak my friends in this way. You better look for some other sucker."

Mills & Keeler were in partners.h.i.+p a number of years, mostly engaged in railway litigation. Mr. Keeler became known outside the confines of the state, and died scarcely past middle life at the head of the legal department of the Chicago, Milwaukee & St. Paul Railway, with offices in Chicago. Mr. Keeler was short of stature, with black hair and beard, and in a law suit very nervous. It is said that during the Bever will trial Colonel Clark, in the midst of the trial, said to Keeler, "If you will only put a feather in your hair, Charley, you would make an ideal Mephistopheles without any further makeup." Mr. Keeler was a shrewd, wide-awake lawyer, whose mental const.i.tution peculiarly fitted him for the practice of law, who possessed the faculty of crowding the salient features of a case in a few words, and who knew better than most lawyers what the law ought to be if he could not cite a case in point.

He was cold-blooded and had few warm friends, but everyone acknowledged his abilities. His restless brain simply burnt up his tissues long before his time.

Mr. Bowman excelled as a brilliant jury lawyer, who by his magnetic personality knew how to handle a jury and to obtain a favorable verdict, especially on the defense in a criminal suit where he could appeal to the sympathies of the jury. Mr. Bowman possessed the magnetic quality to attract persons to him, and was one of the most resourceful lawyers at the bar.

Of the early pract.i.tioners at the bar all have pa.s.sed away or have retired except Judge J. H. Preston, a son of Colonel Preston, still in practice in Cedar Rapids, and Major William G. Thompson.

Major Thompson must be given s.p.a.ce in this sketch. He was an a.s.sociate of Hubbard, Isbell, Cook, Stephens, Corbett, Young, McIntosh, Mitch.e.l.l, Sanford, David, and Greene. Judge Thompson is a native of Butler county, Pennsylvania, where he was born in 1830. He was reared on a farm, received his early education in a log school house and became a teacher. He attended an academy where he remained two years, when he began the study of law, supporting himself by working for his employers. At twenty-five he was admitted to the bar, and in 1853 located in Marion for the practice of his profession. He was a member of the state convention at Iowa City in 1856 when the republican party was organized. In this year he was also chosen a member of the state senate, serving in the Sixth and Seventh General a.s.semblies. In 1864 he was one of the presidential electors, and was elected district attorney, serving six years. The office of general justice of the territory of Idaho was offered him in 1879 which he accepted, but was elected to congress from the fifth district the same year to fill a vacancy and was re-elected for the next regular term. In 1885 he was elected to the Twenty-first General a.s.sembly and was an important factor in the impeachment proceedings against Auditor Brown. In 1894 Judge Thompson was appointed judge of the eighteenth judicial district and served in that capacity until he retired a few years ago on account of advanced age.

A few stories may be told about Major Thompson to give the reader an idea of the man and of the times. Tall, spare, and of commanding stature, with a wonderful command of language, he would convulse a witness or magnetize a jury with his quaint sayings, and in a minute would melt them into tears with his pathos or arouse them to indignation by his denunciations of what he believed was wrong.

In the Bever will case, in which Thompson appeared for the contestants, he was to open the case to the jury, when Hubbard who had full charge of the case, said that he wanted Thompson to speak at least two days.

The major replied, "Great G.o.d man, what shall I say to that jury except that here is the will and there are the girls, they should have part of this estate?" He made the longest jury argument he ever made in his life, which did not exceed forty minutes, but he won the case.

Another incident in the Bever will case might be mentioned. After the case had gone to the highest court the parties agreed to compromise.

They objected to fees which were very large. Sheriff Dan Kinley had a fee bill of $1,000.00, which the parties contested. The motion was set down for hearing, when Kinley stepped up and wanted his matter disposed of. Judge Wolf was on the bench and asked if the sheriff had any lawyer. He replied, "No, I asked several lawyers and they all claimed they were retained on one side or the other." The judge looked down upon an array of lawyers, counting about fifteen, and said, "All right, go ahead gentlemen." As the long string of lawyers came out after the hearing Major Smith came along and said to the judge, who came out with Kinley, "How about that motion for fees, Judge, which you have been hearing?" "Well," replied Wolf, "there were twenty lawyers on the other side, and after lengthy arguments Dan and I managed to beat them."

When Judge Thompson was on the bench he used to sentence criminals like this: "You deserve just ten years in the pen, or as long as the law allows. You should stay there. I never heard any good you ever did. But I see your wife here. She looks like a good woman: I'll give you thirty days in jail."

At one time a woman came to Thompson to get a divorce from her husband.

The judge heard her story. She stated that when the husband came home and the meals were not ready he would simply rave. "How does he act when you do have the meals ready?" "Oh, he acts all right then,"

replied the woman. "Well," said the judge, "I advise you to go home and feed the brute, and you will have no trouble."

On the stump the judge was often accused of waving the "b.l.o.o.d.y s.h.i.+rt,"

and he used to reply to his opponents that "he knew what he was waving, because he had been there." When in congress the major was a member of the committee to try the contested election cases. Colonel R. G.

Ingersoll was one of the attorneys frequently employed by the contestants and he became very friendly with the members of this committee. One morning as the colonel entered and found the major looking over some of the records, the great orator, looking at the Iowa congressman, said, "Major, I like you." Thompson looked up and inquired, "Why so, Colonel?" "Well," replied the magnetic orator, "because if I can establish the fact that my client is running on the republican ticket I have won my case with you, but it takes a great deal more to convince the other members of your committee."

George W. Wilson was an old character at the bar of Linn county, and many are the cases on our county records with the words, G. W. Wilson _per se_. He brought more worthless cases than any other firm or individual and was the owner of more tax t.i.tles than any other individual in this or any other county in Iowa. His tax t.i.tles were so clouded that the court intimated in a certain execution "that they would never fasten on anything in particular."

Linn county has had its share of "constant litigants." The dam across the river has been a constant eyesore, with rights vested and otherwise. There has not been a time since the franchise was granted by the state for dams up to the present time that some suit has not been pending in the district or supreme court involving some phase of the property rights of the respective owners in common. The so-called legal owners.h.i.+p of the dam is now supposed to be vested in the city of Cedar Rapids, and fees are no longer forthcoming, so during the past few years there has been a lull in this branch of litigation.

William Harper, J. W. Traer, J. P. Gla.s.s, John Weare, W. S. Cooper, N.

B. Brown, Colonel J. M. May, J. J. Snouffer, G. W. Wilson, Theresa O'Connell, Doc Paul, and Lewis & Mason kept the legal mill grinding for many years. However, by common consent, Elias Doty, son of one of the first settlers, seems to have held the trump card for litigation in the number of suits that he has brought and defended. He is something like Micawber in this particular that "he has become acquainted with the law by being made a party so often." It is said that Doty started his litigation by taking a law book in a horse trade, from which he got a smattering of law, which volume was cited in many trials until some up-to-date lawyer ruled the book out before a justice because it had been printed in England.

The Bever will case was one of the most hotly contested cases in the county on account of the large interests at stake and the prominence of the interested parties as well as the prominence and standing of the attorneys employed.

Many have questioned whether the lawyer of the future will occupy the same position in the community as the pioneer lawyers. The legal business is rapidly changing, and before many years the successful lawyer will be one who renders legal opinions as to what the law is before suit is brought, and there will be less and less of great speeches delivered "amid full houses and loud cheers." The pioneer lawyer arose to distinction and political preferment by force of his native ability. It is doubtful if we shall in the future have a cla.s.s of attorneys who will play such an important part in the upbuilding of the county and of the state. It is doubtful if we ever shall look upon their kind again.

The practicing attorneys of Linn county at this time are as follows:

F. B. Armstrong, E. C. Barber, A. R. Berry, U. C. Blake. Charles W.

Bingham, Don Barnes, Fred A. Bowman, George F. Buresh, Frank C. Byers, C. M. Brown, Charles A. Clark, Frank G. Clark, C. F. Clark, William G.

Clark, A. T. Cooper, W. L. Crissman, J. C. Cook, J. H. Crosby, W. L.

Cron, William Chamberlain, H. R. Churchill, F. F. Dawley, F. J. Dawley, C. J. Deacon, Vincel Drahos, L. D. Dennis, M. J. Donnelly, O. J.

Felton, E. A. Fordyce, Elmer Green, J. W. Good, J. M. Grimm, W. J.

Grunewald, T. M. Giberson, E. W. Griffiths, S. M. Hall, Warren Harman, G. J. Hedges, J. N. Hughes, C. D. Harrison, Louis Heins, F. W. Hann, Frank A. Heald, J. W. Jamison, E. C. Johnson, L. M. Kratz, J. C.

Leonard, J. J. Lenehan, G. P. Linville, Fred Luberger, Joseph Mekota, R. A. Moses, Matt J. Miles, Stephen Novotny, E. C. Preston, J. H.

Preston, Thomas B. Powell, M. I. Parter, Frank H. Randall, Mac J.

Randall, John M. Redmond, John A. Reed, C. B. Robbins, Henry Rickel, H.

C. Ring, C. S. Smith, M. P. Smith, William Smythe, W. E. Steele, John D. Stewart, A. H. Sargent, Roland Shaver, H. E. Spangler, C. R.

Sutherland, L. J. Storey, G. R. Taylor, P. W. Tourtellot, J. H. Trewin, J. M. Tallman, C. G. Watkins, Charles E. Wheeler, B. L. Wick, J. U.

Yessler, Cedar Rapids; H. C. Printy, Center Point, Iowa; Thomas Davis, Central City, Iowa; E. A. Johnson, B. J. Laucamp, Lisbon; F. L.

Anderson, James E. Bromwell, M. W. Courtney, W. S. Griffiths, James M.

Gray, Charles J. Haas, B. P. Harding, C. S. Lake, William G. Thompson, J. M. Thompson, D. E. Voris, Marion; C. W. Kepler, Louis H. Kepler, G.

M. Wilson, F. T. Davis, William Glenn, Mt. Vernon; D. D. Stevens, Paralta, Iowa; Thomas Ware, Troy Mills; A. W. Fisher, Walker; Homer James, Springville.

[Ill.u.s.tration: LUTHERAN CHURCH, LISBON]