Part 37 (1/2)
In 1862 came W. A. Dodge. During the early '60s George Greene and I. M.
Preston were in partners.h.i.+p, Greene having an office in Cedar Rapids and Preston in Marion. Hubbard and Stephens were in partners.h.i.+p 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 thras.h.i.+ng 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 partners.h.i.+p 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 flouris.h.i.+ng 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 nouris.h.i.+ng papers of the territory. Three years later he formed a partners.h.i.+p 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 partners.h.i.+p 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.”